Dr Abdul Rehman vs HEALTH AND MEDICAL EDUCATION DEPARTMENT

[1] O.A 929/2026


CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
OA 929/2026
ST

31 AUGUST, 2026
C O R A M


HON’BLE MR. M.S. LATIF, MEMBER (JUDL.)
HON’BLE Mr. PRASANT KUMAR MEMBER (Adm.)

Dr. Abdul Rehman,
S/O Late Mohammad Sultan Rather,
R/O Gasipora, Laram Ganjipora,
District Anantnag – 192102.
…..... Applicant/s

By Advocate Mr. S.A.Makroo.
:


VERSUS

01/ U.T of J&K through Commissioner Secretary
to Govt., Health and Medical Education Department,
Civil Secretariat, Srinagar/Jammu – 190001.

02/ Directorate of Indian System of Medicine,
Shalteng, Srinagar – 190017.

03/ Dy. Director, Indian System of Medicine, Shalteng,
Srinagar – 190017.

04/ Director, Ayush, J&K Bemina, Bye-Pass, Srinagar – 190018.
…….Respondent/s
By Advocate : Mr. Syed Musaib - DAG


TARIQ A
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O R D E R

Per M.S.Latif - Member (J) oral

[2] O.A 929/2026
01/ Through the medium of this petition, the petitioner has, inter
alia, sought the following reliefs :
“The Court may be pleased to direct the respondents to fill up the
posts of District Officers, especially District Ayush Officer,
Kulgam by a regular process on permanent basis and accord
consideration to the case of the petitioner for promotion and also
regularize him as District Ayush Officer w.e.f. 24-12-2019.
Further direction is sought to direct the respondents to maintain
the present position of the petitioner and release the grade of post
of District Ayush Officer along with arrears from the date of
charge i.e, 24-12-2019. The petitioner has also sought a direction,
as an interim measure, that pending disposal of the present
Original Application, the court may kindly be pleased to direct
the respondents to allow the petitioner to work as District Ayush
Officer, Kulgam and maintain his present status as District
Ayush Officer.”
02/ What stems out of the pleadings in the O.A is that the
petitioner was initially appointed on migrant vacancy in the year
1997 and thereafter his services were regularized by the competent
authority in the year 2007. Learned counsel for the petitioner
submitted that in terms of order No. 652-DISM of 2019 dated 24-12-
2019 (annexure – A6), issued by the Director, Indian System of
Medicine (ISM), J&K, Jammu, the petitioner was directed to work
at ISM, Dispensary, H. Chawal Gam, Kulgam, and in addition, he
was directed to function temporarily as Incharge Nodal Officer,
Kulgam till proper arrangement is made by the Administrative
Department (H&ME). As such, it is submitted that the petitioner
deserves to continue in terms of the order supra till proper
arrangements are made.
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03/ Mr. Musaib – DAG, submitted that vide order No. 530-JK
(HME) of 2026 dated 06-07-2026, sanction was accorded to the
creation of nine posts of District Ayush Officers in pay level – 11
by a corresponding reduction to the post of Medical Officer, level –

[3] O.A 929/2026
09, which even includes District Kulgam. He further submitted that
consequent to such action in the concerned districts, the petitioner
cannot continue any further and, therefore, it necessitates
administrative arrangement, for which, he submitted that the process
is on.
04/ Per contra, Mr. Makroo, learned counsel appearing for the
petitioner, submitted that in terms of order of the Director, ISM,
J&K, Jammu, supra, the petitioner has a right to continue as Nodal
Officer. To this effect he has relied upon the judgement of the
Hon’ble High Court of J&K, Srinagar, titled as Mohammad Ayub
versus State of J&K, reported in 2018 (legal Eagle) (JK) 12342.
Referring to paragraph (6) of the judgement, learned counsel
submitted that Their Lordships have held that “……..it is well settled
that a person holding a higher post on Incharge basis cannot be
replaced by another employee on incharge basis unless there are
some cogent reasons provided for the said course.’
05/ Learned counsel submits that the petitioner is performing
his duties on incharge basis and he cannot be replaced without any
reason much less a cogent one and for such course of action, the
respondents ought to have filled up the post in question in terms of
the rules governing the field. Mr. Musaib – DAG, however,
submitted that the arrangement in the case of the petitioner was not
made by the competent authority and it was just made by the
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Director, ISM, in the exigency of service. He further submitted that
MOTA
this OA is premature as it has been filed on mere apprehension and
any petition, filed on apprehension, cannot survive. However,
learned counsel for the petitioner submitted that the petitioner, even

[4] O.A 929/2026
otherwise, has a right to hold the position of In charge District Nodal
Officer Kulgam, on which position he has been continuing for the
past six years.
06/ Admittedly, the competent authority is within its powers to
make a temporary or stop gap arrangement in an exigency, where
filling of the post, on substantive basis, involves considerable time,
for which the Statute Book contains a specific clause/rule. Learned
counsel further submitted that the petitioner has already filed a
representation before the Minister concerned, which has not, as yet,
been decided.
07/ Be that as it may, the respondents have initiated the process
in terms of communication No. DOA/Estt/Gaz/374(E-7600140)
6478 dated 16-07-2026 (as a consequence of Govt. order No. 530-
JK (HME) of 2026 dated 06-07-2026.
08/ Heard learned counsel for the parties, considered the
averments urged the O.A and the annexures attached thereto besides
the case law cited at the bar.
09/ In the aforementioned backdrop, this O.A is disposed of by
providing that the respondents will consider and dispose of the
representation filed by the petitioner, which is, reportedly, pending
before the concerned Minister, within four weeks positively and at
the same time the whole process of filling up of the post on
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substantive basis in terms of Government order No. 530-JK (HME)
MOTA
of 2026 dated 06-07-2026, shall also be concluded within the
aforesaid period in accordance with law. It is further provided that in
case the petitioner falls within the consideration zone, same be taken

[5] O.A 929/2026
note of, however, strictly in accordance with law and the Statute
governing the field.
10/ In the backdrop of what has been discussed above, this O.A
929/2026 is disposed of along with connected M.As, if any.



(PRASANT KUMAR) (M. S. LATIF )

Member (Adm.) Member (Judl.)
TARIQ MOTA
CONSULTANT (PS)
31-08-2026
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