Mahjabeena Akhter vs D/o Civil Secretariat, J& K

T.A. No. 724 of 2021
[1]
(SWP No. 1668 of 2011)
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
T.A. NO.: 724 OF 2021
(SWP NO. 1668/2011)
st
(Srinagar, 31 day of August 2026)

C O R A M
HON’BLE MR. M.S. LATIF, MEMBER (JUDL.)
HON’BLE MR. PRASANT KUMAR, MEMBER (ADMN.)
............

1. Mahjabeena Akhter, Aged 40 years, D/o Gh. Mohiuddin Sheikh,
R/o Village Nawa Tehsil & District Kulgam Kashmir.
............ Applicant(s).

By Advocate : - Mr. H. Furrahi.

Versus

1. State of J&K through Commr/Secretary to Govt. Health &
Medical Education Deptt., Civil Sectt., Srinagar/Jammu.
2. Director, Health Services Kashmir, Srinagar

3. Secretary, Service Selection Board, Zum Zum Hotel
Rambagh, Srinagar.

4. Chief Medical Officer, Anantnag
5. Block Medical Officer, Verinag.
........ Official Respondents.

By Advocate : - Mr. Syed Musaib, DAG.







Digitally signed by ABHISHEK PUNIA
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Department of Personnel And Training, ST=Jammu And Kashmir, postalCode=190001,
serialNumber=b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, telephoneNumber=
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T.A. No. 724 of 2021
[2]
(SWP No. 1668 of 2011)
ORDER
(Oral)


Per Hon’ble Mr. M.S. Latif, Member (Judl.)
Through the medium of the instant T.A., the petitioner seeks
the following reliefs:
a. Mandamus, commanding thereby respondents to keep one
post of Junior Grade Nurse Reserve for the petitioner out of
the total lot of 250 posts advertised
b. Mandamus. Commanding thereby respondents to dispense
with the requirement of Interview scheduled as per details
of Annexure; K Supra on the reason that she was shown
exit of having crossed the requisite age limit when she
being in service candidate was having 40- years of age to
qualify for selection at the time of the interview
c. Mandamus, commanding thereby respondents to select the
petitioner to the post of Junior Grade Nurse by re-
scheduling the time for her Interview because she was
refused to face the Interview on the occasion she was
called for Interview but due to non-calculation of her age as
37-years at the hands of Interviewing Committee rather
than 40-years being in service candidate

d. Mandamus, commanding hereby respondents to
appoint/engage the petitioner as Junior Grade Nurse by
issuing formal order of engagement in her favour forthwith
because she is fulfilling all the requisite formalities,
required for such post but has become victim of
bureaucratic approach by means of calculating her age as
37-years instead of 40-years being in service candidate.
e. Any other order/direction which this Hon'ble Court may
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar Bench, OU=
Department of Personnel And Training, ST=Jammu And Kashmir, postalCode=190001,
serialNumber=b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, telephoneNumber=
ABHISHEK e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
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deem just and proper in the circumstances of the case
though not prayed for in the instant petition be also passed
in favour of the petitioner and against the respondents.


2. The instant T.A. was initially filed before the Hon’ble High

T.A. No. 724 of 2021
[3]
(SWP No. 1668 of 2011)
Court of J&K in the year 2011 wherein notices were issued upon
the respondents. However, vide order dated 22.12.2011, the CMP
for grant of interim relief was dismissed by the Hon’ble High Court
of J&K and, vide order dated 06.08.2018 passed by the Hon’ble
High Court, the respondents were directed to consider the case of
the petitioner for regularization against the post of Staff Nurse, in
terms of the rules occupying the field. Finally, the matter was
admitted on 09.11.2018 by the Hon’ble High Court and various
orders on the file reveal that none has appeared for the petitioner,
however, the matter was transferred to the Jammu Bench of the
Hon’ble CAT vide order dated 28.10.2020. The matter was,
thereafter, dismissed for non-prosecution vide order dated
15.03.2021 and, as stated by learned counsel for the petitioner,
the matter was restored to its original number vide order dated
23.06.2022.
3. What emerges from the pleadings made is that the
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Department of Personnel And Training, ST=Jammu And Kashmir, postalCode=190001,
serialNumber=b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, telephoneNumber=
ABHISHEK e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
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petitioner has qualified the 10+2 examination in Science Subjects
and in addition to the above qualification, he has qualified a 04-
year General Nursing Training Course. To this effect, certificates

T.A. No. 724 of 2021
[4]
(SWP No. 1668 of 2011)
have been appended with the Writ Petition.

4. As stated, the petitioner was engaged as a staff nurse on a
consolidated salary of 6000/- per month and was posted at Verinag
under the directives of the CMO Anantnag, vide his no. 434 dated
20.03.2007. Copy thereof is appended with the T.A.
5. It is stated that the J&K Services Selection Board (JKSSB),
advertised various posts including the posts of Junior Grade Nurse
pursuant to advertisement notice no. 8 of 2010 dated 24.12.2020,
whereby, in total, as stated, 250 posts in Divisional Cadre were put
to advertisement from amongst the candidates having 10+2 with a
Diploma in General Nursing Course qualification at their back. The
applicant being qualified as such opted for such post and applied
under a proper receipt and, was allotted Sr. no. 72 on 05.03.2011.
6. The grievance of the petitioner as projected in the Writ
Petition further reveals that the petitioner being eligible was not
called for the interview, for the reasons that she had crossed the
Digitally signed by ABHISHEK PUNIA
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Department of Personnel And Training, ST=Jammu And Kashmir, postalCode=190001,
serialNumber=b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, telephoneNumber=
ABHISHEK e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
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requisite age, leaving no other option but to approach the Court.
7. The respondents have filed their reply wherein they have
averred that the petitioner was neither in-service candidate

T.A. No. 724 of 2021
[5]
(SWP No. 1668 of 2011)
holding a post which would have entitled her for age relaxation nor
has the petitioner placed any such requisite documents / valid
certificate of being in-service candidate, as such, the JKSSB was
justified to reject the candidature of the petitioner being ineligible
candidate for selection to the post of Junior Grade Nurse, and as
such, have sought for dismissal of the Writ Petition. However, as
regards the regularization of the petitioner, the reply filed by the
Deputy Director, Health Services (HQ) Kashmir, it reveals that the
matter of the petitioner was referred to the concerned Chief
Medical Officer and Block Medical Officer, Verinag, for necessary
action and vide communication dated 22.09.2018, it has been
reported that the petitioner has been engaged/hired as Junior
Grade Nurse purely on contractual basis under (NHM) National
Health Mission Programme in District Health Society, Anantnag,
during the year 2007 and her services are being utilized in the
Medical Block, Verinag, where the petitioner is continuing against
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar Bench, OU=
Department of Personnel And Training, ST=Jammu And Kashmir, postalCode=190001,
serialNumber=b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, telephoneNumber=
ABHISHEK e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
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said post from the date of her initial engagement, and regarding
the claim of the petitioner for regularization of her services,
against the said post, it has been stated that as per the standing

T.A. No. 724 of 2021
[6]
(SWP No. 1668 of 2011)
norms/rules and guidelines on the National Health Mission, there
is no such criteria or policy in vogue providing for regularization of
the employees hired under the said NHM Scheme. It is further
averred that the applicant is not borne on the rolls of Directorate
of Health Services, Kashmir, Srinagar, but is working under the
administrative control of Mission Director, National Health
Mission, J&K.
8. Mr. Syed Musaib, learned DAG, was confronted as to
whether the petitioner is continuing as such in terms of her initial
engagement in the NHM Scheme, he submits that he would like to
confirm as regards her continuation. However, learned counsel for
the petitioner made a statement at Bar that the petitioner is
continuing in view of her engagement.
9. As regards the relief claimed by the petitioner vis-a-vis the
relaxation of age, that is not within the domain of the Court. It is
always left to the competent authority to relax or not to relax a
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar Bench, OU=
Department of Personnel And Training, ST=Jammu And Kashmir, postalCode=190001,
serialNumber=b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, telephoneNumber=
ABHISHEK e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
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requirement in the advertisement or otherwise in the given facts
and circumstances.
10. Undoubtedly, the petition is pending adjudication for more

T.A. No. 724 of 2021
[7]
(SWP No. 1668 of 2011)
than 15 years. The only relief to which the petitioner would be
entitled at this stage, when it is not known whether the petitioner
is continuing as on date in view of her initial engagement, is that
the respondents can only be directed to consider the case of the
petitioner.
11. At this stage, the instant T.A. is disposed of by providing that
the respondents shall treat this T.A. as a representation and pass
appropriate orders in the light of the averments made herein. It is
made clear that in case, the petitioner is continuing in terms of her
initial engagement and her services are required in the
scheme/policy, she shall not be replaced by a similar arrangement.

12. Accordingly, T.A. No. 724/2021 is disposed of along with all
connected M.A.s, if any.

(Prasant Kumar)
Member (Admn.)
(M.S. Latif)
Member (Judl.)

Abhishek Punia
Court Master
31.08.2026
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar Bench, OU=
Department of Personnel And Training, ST=Jammu And Kashmir, postalCode=190001,
serialNumber=b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, telephoneNumber=
ABHISHEK e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
Reason: I am the author of this document
Location: Date: 2026.09.03 13:18:54+05'30'
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