Farida vs UT of Jammu and Kashmir Through Principal Commissioner Secretary to Govt School Education Department Civil Secretariat Srinagar

ITEM 10 1 OA 1195 OF 2026

CENTRAL ADMINISTRATIVE TRIBUNAL

SRINAGAR BENCH, SRINAGAR
O.A. 1195/2026
th
Date of Order: 28 October, 2026
C O R A M
HON’BLE MS. JUSTICE RITU TAGORE, MEMBER(JUDL.)
HON’BLE MR. PRASANT KUMAR, MEMBER(Admn.)
Farida (Age 71 years) - Sr. Citizen (D/o Abdul Rehman)
W/o Lt. Ali Akhtar Khan R/o Magarmalbagh Srinagar at
present Nundreshi Colony
Bemina Srinagar Pin Code 190018
…… Applicants
By Advocate :
Mr. Iddress Tabassum
VERSUS
1.Union Territory of J&K through
Principal/Commissioner Secretary to Govt. School
Education Department Govt. of J&K Civil Secretariat
Srinagar - PIN CODE 190001.
2. Director School Education Kashmir Srinagar - PIN
CODE 190001 3. Chief Education Officer Baramulla -
Pin Code 193103.
..…. Respondents
By Advocate :-
Mr. Satinder Singh, AAG

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ITEM 10 2 OA 1195 OF 2026

O R D E R (ORAL)
JUSTICE RITU TAGORE, MEMBER [JUDL.]

01.
Learned counsel for the applicant submits that the
applicant retired from service on superannuation on
31.08.2012 while working as In-charge Headmaster,
Government High School, Kawarhama, Tangmarg,
Baramulla. It is submitted that the applicant was initially
appointed as a Teacher on 10.03.1975 and was
subsequently promoted to the post of Master vide Order
No. 213 of 1996 dated 01.08.1996. Thereafter, she was
placed as In-charge Headmaster in her own pay and grade,
along with charge allowance, vide Order No. 571 of 2008
dated 04.04.2008, conveyed through the Chief Education
Officer, Baramulla, and continued to discharge the duties
of the said post until her retirement on 31.08.2012.
02. Learned counsel further submits that, pursuant to
Government Order No. 743-GAD of 2007 dated
28.06.2007, which provides for the determination of the
effective date of promotion of Government employees
formally placed in charge of higher posts, the respondents
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ITEM 10 3 OA 1195 OF 2026

undertook an exercise for regularization of In-charge
Headmasters. In this regard, a large number of officials
were regularized vide Government Order No. 205-
JK(Edu) of 2023 dated 08.07.2023, against vacancies
available during the relevant period. However, the
applicant was left out of the said exercise despite having
served as In-charge Headmaster for more than four years
before her retirement. It is further submitted that, in a
subsequent exercise, 24 retired In-charge Headmasters
were regularized vide Government Order No. 227-
JK(Edu) of 2025 dated 10.03.2025, in compliance with
the judgment dated 28.07.2015 passed in Mohammad
Sidiq Lone v. State of J&K & Others.
03. Learned counsel submits that the applicant has been
pursuing her claim for regularization through
representations, but her grievance has remained
unresolved. It is further submitted that the applicant had
earlier approached this Tribunal by filing O.A. No.
1309/2025, titled Farida Akhtar v. UT of J&K & Others,
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ITEM 10 4 OA 1195 OF 2026

which was disposed of on 12.11.2025 with a direction to
the respondents to treat the O.A. as a representation and
consider her grievance in accordance with law and the
applicable Government orders. However, according to
learned counsel, the applicant's grievance has not been
redressed despite the aforesaid directions.
04. Learned counsel further submits that the respondents have
since issued Government Order No. 385-JK(Edu) of 2026
dated 21.09.2026, constituting a Committee to undertake a
one-time comprehensive reconciliation and verification
exercise in respect of retired In-charge Headmasters who
claim to have been left out or excluded from the
regularization process. The Committee has been tasked
with examining such cases and making case-wise
recommendations, including the reasons for exclusion or
non-regularization. The applicant, therefore, seeks a
direction to the respondents to place her case before the
said Committee for consideration of her claim for
regularization as Headmaster with effect from 04.04.2008,
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ITEM 10 5 OA 1195 OF 2026

or from the date admissible under the applicable rules and
Government orders, together with consequential service
and pensionary benefits, including revision of her pension
and release of the admissible arrears.
05. However, after arguing the matter for some time, learned
counsel for the applicant submits that the ends of justice
would be adequately served if a direction is issued to the
respondents to treat the present Original Application as a
representation and consider the applicant's claims for
retrospective regularization as Headmaster, consequential
service and monetary benefits up to the date of her
retirement, and re-fixation of pension with consequential
pensionary benefits and arrears, together with the
documents annexed thereto, in the light of Government
Order No. 385-JK(Edu) of 2026 dated 21.09.2026, strictly
in accordance with law within a stipulated period.
06. Mr. Satinder Singh, learned AAG, appearing pursuant to
the advance notice served by learned counsel for the
applicant, submits that the present Original Application
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ITEM 10 6 OA 1195 OF 2026

may be disposed of with appropriate directions, without
prejudice to the rights and contentions of the parties.
07. Heard learned counsel for the parties and perused the
record.
08. Having considered the submissions made at the Bar and
the material placed on record, this Tribunal is of the
considered opinion that no useful purpose would be
served by keeping the present Original Application
pending, particularly in view of the limited prayer made
on behalf of the applicant.
09. Accordingly, without expressing any opinion on the
merits of the controversy, the present Original Application
is disposed of with a direction to the respondents to treat
the Original Application as a representation and consider
the applicant's claims for retrospective regularization as
Headmaster, consequential service and monetary benefits
up to her retirement on 31.08.2012, and re-fixation of
pension with consequential pensionary benefits and
arrears, together with the documents annexed thereto, in
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ITEM 10 7 OA 1195 OF 2026

the light of Government Order No. 385-JK(Edu) of
2026 dated 21.09.2026 and strictly in accordance with the
applicable rules, regulations, government orders and the
law governing the field, subject to the applicant fulfilling
the requisite eligibility and entitlement and there being no
legal impediment in doing so.
10. The respondents shall pass a detailed, reasoned and
speaking order within a period of ten weeks from the
date a certified copy of this order is served upon them.
11. It is made clear that this Tribunal has not expressed any
opinion on the merits of the claims raised by the applicant,
and all questions of fact and law are left open to be
considered and decided by the competent authority.
12. With the aforesaid directions, the Original Application
stands disposed of. Consequently, all connected
miscellaneous applications, if any, shall also stand
disposed of.
13. No order as to costs.
14. Registry shall consign the file to the Record Room after
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ITEM 10 8 OA 1195 OF 2026

due compliance.

PRASANT KUMAR (JUSTICE RITU TAGORE)
Member(Admn.) Member(Judl.)

28-10-2026
DEVENDRA TRIPATHI

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