Shafiq Ahmad Khan vs HEALTH AND MEDICAL EDUCATION DEPARTMENT

[1] O.A. No. 1172 of 2026
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 1172 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.)
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............
1. Shafiq Ahmad Khan, aged 61 years S/o Ahmad Ali Khan R/o
Hayihama Kupwara Pin Code: 193222

2. Mohd Gulzar Lone, aged 62 years S/o Abdul Jabar Lone R/o
Poshpora Trehgam Kupwara Pin Code:- 193224
3. Mohd Yousuf Dar, aged 60 years S/o Gh. Nabi Dar R/o
Puhrupath Kupwara Pin Code:- 193302
4. Mohd Maqbool Ganie, aged 68 years S/o Gh. Mohd Ganie R/o
Mir Mohalla Lonehari Kupwara. Pin Code:- 193224

5. Bashir Ahmad Mir, aged 63 S/o Khawaja Ab. Ahad Mir, R/o
Kupwara. Pin Code:- 193224
............ Applicant(s).

By Advocate : - Mr. Musavir Mir.

Versus

1. U. T. of Jammu & Kashmir, Through Commissioner/Secretary
to Govt., Health and Medical Education Department,
Srinagar/Jammu. Pin Code:- 190001

2. Commissioner/Secretary to Govt., General Administration
Department, Civil Secretariat, Srinagar/Jammu. Pin Code -
190001
3. Director Health Services Kashmir at Srinagar. Pin code:-
190001

4. Chief Medical Officer Kupwara. Pin code:- 193224
........ Official Respondents.

[2] O.A. No. 1172 of 2026

By Advocate : - Mr. Syed Musaib, DAG for respondents no. 1, 3 & 4
and Mr. Rais ud din Ganaie, DAG for respondent no. 2.


ORDER
(Oral)

Per Hon’ble Mr. M.S. Latif, Member (Judl.)
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The applicants, 05 (five) 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 applicant seeks
the following reliefs:

a. Allow the Original Application and it be deciared that the
contractual service period rendered by the applicants prior
to their regularization be counted towards payment of
their pensionary benefits.
b. Any other writ, direction or order which this Hon'ble Court
may deem fit and proper in the facts and circumstances of
the case may also be passed in favour of the applicants
and against the respondents' along-with the cost of
litigation.

[3] O.A. No. 1172 of 2026

3. The facts as narrated in the O.A. are that the applicants
were initially appointed as contractual/ad hoc employees in the
School Education Department after being selected through the
District Selection Committee and their appointments were initially
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for a period of one year or until a regular selection was made,
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whichever was earlier. However, as stated, no regular selection
process was undertaken by the Government, and their
appointments continued through successive extensions.
Subsequently, pursuant to the recommendations of the
Empowered Committee constituted vide Government Order No.
1423-GAD of 2009 dated 14.10.2009, their services were
regularized under the Jammu and Kashmir Civil Services (Special
Provisions) Act, 2010. It is added that although their cases were
approved for regularization, the orders were given prospective
effect from different dates, thereby depriving them of the benefit
of their past continuous service.

4. It is averred that the Jammu and Kashmir Contractual
Appointment Rules, 2003, were formulated vide SRO 255, and the
applicants were engaged pursuant to the prescribed selection

[4] O.A. No. 1172 of 2026
process under the said Rules. The applicants submit that Section
10(2) of the Jammu and Kashmir Civil Services (Special Provisions)
Act, 2010, mandated the concerned departments to refer the cases
of eligible ad hoc, contractual and consolidated employees to the
Member Secretary for placement before the Empowered
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Committee for scrutiny and verification of their eligibility for
regularization under Section 5 of the Act. As stated, the reference
was required to be made within 60 (sixty) days from the
commencement of the Act on 28.04.2010.

5. It is contended in the O.A. that the statutory process
contemplated under Section 10 of the Act was required to be
completed within the prescribed period. However, the
respondents failed to adhere to the stipulated time period. It is
stated that, although the Empowered Committee subsequently
cleared and approved their cases for regularization, the final orders
were issued after considerable delay and made effective
prospectively from different dates, as reflected in the schedule
mentioned in the O.A. It is further added that the delay was
entirely attributable to administrative inaction and procedural

[5] O.A. No. 1172 of 2026
lapses on the part of the respondents and that no fault or delay
could be attributed to the applicants.
6. Learned counsel for the applicants submits that vide SRO
400 dated 24.12.2009, amendments were introduced in the
Jammu and Kashmir Civil Service Rules, whereby Article 167
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Exception (6) was incorporated, whereby Government employees
appointed or brought on the regular establishment on or after
01.01.2010 were made to be governed by the Defined
Contributory Pension Scheme, to the exclusion of the pre-existing
pension rules. He submitted that because as per the regularization
orders, the applicants were given prospective effect from dates
falling after the prescribed cut-off date, they have been deprived
of the benefit of the old pensionary regime, notwithstanding their
earlier entry into service and the continuous service rendered by
them before regularization.
7. Learned counsel for the applicants further submits that the
expression “regularization of services” employed under the Jammu
and Kashmir Civil Services (Special Provisions) Act, 2010, inherently
signifies that the applicants have been continuously serving the

[6] O.A. No. 1172 of 2026
State of Jammu and Kashmir as public servants and by virtue of the
issuance of their regularization orders, their past continuous
service stands regularized. He submits that their initial
engagements followed a formal selection process conducted by
the District Selection Committee, having successfully faced a
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comprehensive screening process and on this basis, the applicants
claim that their past service ought to be counted for determining
their entitlement to pensionary benefits and that the prospective
dates assigned to their regularization orders cannot be used to
deprive them of such benefits.

8. It is further averred that the Jammu and Kashmir Education
(Subordinate) Service Recruitment Rules, 2008, prescribe the
methods of recruitment as direct recruitment, promotion or a
combination of both, but does not say that the appointment would
include regularization. It is added that regularization under the Act
of 2010 merely recognizes the services already rendered by them
and, therefore, their initial entry into service after undergoing the
selection process should be considered for determining the
applicable pension scheme. In support of their claim, they rely

[7] O.A. No. 1172 of 2026
upon the judgment in M.K. Shamaugen & Anr. v. Union of India
and Anr., State of H. P. v. Sheela Devi, 2023 SCC OnLine SC 1272,
and S. D. Jayaprakash & Ors. v. Union of India & Ors., contending
that the legal position laid down therein supports their claim for
counting the service rendered before regularization. It is further
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stated in the O.A. that the respondents' action in giving
prospective effect to the regularization orders, coupled with the
application of the amended pension rules, has resulted in unequal
treatment and infringed their rights under Articles 14 and 16 of the
Constitution of India.

9. It is further stated that the applicants submitted a detailed
representation dated 03.11.2025 to respondent no. 4, followed by
another representation dated 19.05.2026, seeking consideration of
their claim for counting the period of contractual/ad hoc service
rendered before regularization towards the computation of
pensionary benefits and for determination of their entitlement
under the applicable pension rules. As stated, despite these
representations, the respondents have neither redressed their
grievance nor communicated any decision on their claim.

[8] O.A. No. 1172 of 2026

10. At this stage, learned counsel for the applicants submits that
he would be satisfied, if the O.A. is taken up for its disposal at the
threshold, while directing the respondents to treat this O.A. as a
representation.
11. Heard.
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12. At the request of learned counsel for the applicants, the
O.A. is taken up for its disposal.
13. The O.A. is disposed of by providing that the respondents
shall treat this O.A. as a representation along with the other
representations filed by the applicants, who shall consider and
decide the case of the applicants in accordance with law, keeping
in view the merits of the case and the eligibility/entitlements of the
applicants. The above exercise shall be concluded by passing a
speaking and reasoned order within a period of 08 (eight) weeks
from the date a certified copy of this Order is served upon the
respondents. Needless to mention that this Court has not
expressed any opinion on the merits or otherwise of the case and
it is up to the respondents to decide the case of the applicants
strictly in accordance with the rules governing the field.

[9] O.A. No. 1172 of 2026

14. Accordingly, O.A. No. 1172/2026 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
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