Firdous ahmad vaid vs HEALTH AND MEDICAL EDUCATION DEPARTMENT

[1] O.A. No. 1190 of 2026
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 1190 OF 2026
th
(Srinagar, 27 day of October 2026)

C O R A M
HON’BLE MR. M.S. LATIF, MEMBER (JUDL.)
HON’BLE MR. PRASANT KUMAR, MEMBER (ADMN.)
............
1. Firdous Ahmad Vaid aged 55 years S/o Dr. G. M. Vaid R/o
Bijbehara Anantnag Kashmir, 192124

2. Aaliya Ali Padroo aged 55 years W/o Firdous Ahmad Vaid R/o
Bijbehara Anantnag Kashmir, 192124
............ Applicant(s).

By Advocate : - Ms. Aasifa Padroo.

Versus

1. Union Territory of Jammu and Kashmir through
Commissioner Secretary to Government Health and Medical
Education Department J&K Civil Secretariat Srinagar,
190001.
2. Director Health Services Kashmir, Srinagar Kashmir, 190001

3. Administrative Secretary Finance Department, Convenor
Empowered Committee Under J&K Civil Service (Special
Provisions) Act, 2010, Civil Secretariat Srinagar Kashmir
190001
........ Official Respondents.

By Advocate : - Mr. Syed Musaib, DAG.




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[2] O.A. No. 1190 of 2026
ORDER
(Oral)

Per Hon’ble Mr. M.S. Latif, Member (Judl.)
The applicants, 02 (two) in number, have filed the instant
O.A. Since the cause of action and reliefs claimed by all the
applicants are identical, the M.A. for joint application under Rule
4(5)(a) of the CAT (Procedure) Rules, 1987, is allowed.

2. Through the medium of the instant O.A., the applicants seek
the following reliefs:

a. Allow the present Original Application and direct the
respondents to consider the claim of the applicants for
grant of retrospective regularization from the respective
dates of acquiring statutory eligibility under the Jammu
and Kashmir Civil Services (Special Provisions) Act, 2010, in
the light of the judgment passed by the Hon'ble Supreme
Court of India in State of Jammu and Kashmir & Ors. v.
Mohammad Syed Parrey & Ors., dated 04.12.2024, the
judgment passed by the Hon'ble High Court of Jammu &
Kashmir and Ladakh in UT of Jamти and Kashmir v. Neeru
Pandita, LPA No. 70/2022, decided on 11.08.2026, and in
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=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad
ABHISHEK 7f8b756eb, telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640
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light of the order dated 06- 03-2026 passed by this Hon'ble

[3] O.A. No. 1190 of 2026
Court in a similar Transfer Application bearing T.A No.
262/2022 M.A No. 723/2025 titled Waqas Wadoo and Ors
Versus State (now U.T) of J&K and Ors, and to pass
appropriate orders thereon, in the interest of justice.
b. Direct the respondents to re-fix the dates of regularization
of the applicants accordingly, in the light of the judgments
passed by the Hon'ble Supreme Court of India and the
Hon'ble High Court of Jammu & Kashmir and Ladakh,
including the law laid down regarding the effective date of
regularization under the aforesaid Act.
c. Direct the respondents to grant all consequential service
benefits flowing from such retrospective regularization,
including re-fixation of pay, seniority and other admissible
service benefits, in accordance with the applicable rules
and law.
d. Direct the respondents to release the consequential
monetary benefits, including arrears, admissible to the
applicants upon such re-fixation, within a time-bound
period as may be prescribed by this Hon'ble Tribunal; and
e. Pass any other or further order(s) as this Hon'ble Tribunal
may deem just and proper in the facts and circumstances
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Srinagar Bench, OU=Department of Personnel And Training, ST=
Jammu And Kashmir, postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad
ABHISHEK 7f8b756eb, telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640
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of the case, in favour of the applicants and against the

[4] O.A. No. 1190 of 2026
respondents.
3. The short facts of the case are that the applicants are
working as Medical Officers in the Health and Medical Education
Department, J&K, and were initially appointed as Assistant
Surgeons on an ad hoc/contractual basis against clear vacancies.
The applicant no. 1, namely, Firdous Ahmad Vaid, was appointed
on 05.10.2000 and regularized on 20.01.2012, whereas the
applicant no. 2, Aaliya Ali Padroo, was appointed on 08.09.2006
and regularized on 18.09.2015 under the Jammu and Kashmir Civil
Services (Special Provisions) Act, 2010.
4. It is contended in the O.A. that under Section 5 of the
Jammu and Kashmir Civil Services (Special Provisions) Act, 2010,
contractual appointees are entitled to regularization upon
completion of seven years of service. They submit that the delay in
issuing formal regularization orders was attributable to the
respondents and that they should not be deprived of the benefit of
regularization from the date of acquiring the said eligibility.

5. Learned counsel for the applicants has relied upon the
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judgment of the Hon’ble High Court of Jammu and Kashmir, in the

[5] O.A. No. 1190 of 2026
case titled as Dr. Muneeb Iqbal v. U. T. of J&K & Ors. (WP(C) No.
551/2021), the judgment of the Hon’ble Apex Court in the case
titled as State of J&K v. Mohammad Syed Parrey & Ors., decided
on 04.12.2024, as also the Full Bench judgment in U. T. of Jammu
and Kashmir v. Neeru Pandita (LPA No. 70/2022), dated
11.08.2026.
6. Learned counsel for the applicants submits that similarly
situated employees have been granted the benefit of retrospective
regularization, whereas the applicants’ claims have been denied on
the ground that they were not parties to the earlier litigation.
Being aggrieved thereby, they have filed the present O.A. seeking
retrospective regularization from the respective dates of acquiring
eligibility, along with consequential service and monetary benefits.
7. Learned counsel for the applicants submits that she would
be satisfied, if the instant O.A. is disposed of at the threshold.
8. Heard.
9. At the request of learned counsel for the applicants, the
O.A. is taken up for its disposal.
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Srinagar Bench, OU=Department of Personnel And Training, ST=
Jammu And Kashmir, postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad
ABHISHEK 7f8b756eb, telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640
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10. Having regard to the submissions made and without

[6] O.A. No. 1190 of 2026
expressing any opinion on the merits or otherwise of the case, the
O.A. is disposed of by providing that the respondents shall treat
this O.A. as a representation, who shall consider and decide the
case of the applicants, strictly in accordance with the import of the
judgments mentioned hereinabove, provided that their case is
squarely covered by the said judgments and there is no legal
impediment in according such consideration to them. The needful
shall be done by passing a speaking and reasoned order within a
period of 06 (six) weeks from the date a certified copy of this Order
is served upon the respondents. It is made clear that the
respondents shall decide the case of the applicants, in accordance
with law, keeping in view the eligibility/entitlements of the
applicants.
11. Accordingly, O.A. No. 1190/2026 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
27.10.2026
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=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad
ABHISHEK 7f8b756eb, telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640
e7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.29 16:00:47+05'30'
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