TARIQ AHMAD SHEIKH vs HEALTH AND MEDICAL EDUCATION DEPARTMENT
- Court
- Central Administrative Tribunal
[1] O.A. No. 940 of 2026
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 940 OF 2026
nd
(Srinagar, 02 day of September 2026)
C O R A M
HON’BLE MR. M.S. LATIF, MEMBER (JUDL.)
............
1. Tariq Ahmad Sheikh Aged 51 years S/o Qadir Sheikh R/o House
No 515 Ompora, Budgam, Kashmir-191111 Phone no:
7889436326.
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 14:48:40+05'30'
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............ Applicant(s).
PUNIA
By Advocate : - Ms. Ayshia Zehgeer.
Versus
1. U.T. of J&K through Commissioner Secretary to Govt. Health
& Medical Education Department, Civil Sectt. Srinagar /
Jammu - 190001
2. Director Health Services Kashmir, Srinagar - 190001
3. Chief Medical Officer, Budgam email:
[email protected] pin: 190243
4. Block Medical Officer, Khan Sahib, Budgam email:
[email protected] pin: 190243
........ Official Respondents.
By Advocate : - Mr. Syed Musaib, DAG.
ORDER
(Oral)
Per Hon’ble Mr. M.S. Latif, Member (Judl.)
By way of filing the instant O.A., the applicant seeks the
[2] O.A. No. 940 of 2026
following reliefs:
a. An order or direction directing the respondents to release
the G.P of the applicant as against the post of driver to
which he has been promoted on officiating basis in terms
of order 27-09-2018.
b. An order or direction directing the respondents to release
the G.P Fund of the applicant which has been withheld
along with interest to compounded @ 6% per annum.
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 14:48:40+05'30'
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PUNIA
c. Any other order or direction which this Hon'ble Tribunal
deems appropriate and considers the applicant entitled
thereto be also issued.
2. What stems out of the pleadings made is that the applicant
was initially appointed as a Class-IV employee and was
subsequently promoted to the post of Driver on officiating basis. It
is stated that the applicant was regularized in service on
09.01.1996 and has been discharging the duties of Driver on
officiating basis since the year 2018.
3. As stated, the applicant is presently drawing his salary
against the post of Driver. It is further averred that, pursuant to the
amendment to the Recruitment Rules notified by the Department
[3] O.A. No. 940 of 2026
of Health and Medical Education, Government of Jammu &
Kashmir, vide S.O. 334 dated 13.07.2022, the qualifications for the
post of Driver have been relaxed and the post of Driver is to be
filled up 90% by direct recruitment and 10% by promotion from
amongst Class-IC Category-A possessing valid HGV/PSV driving
license and five years' service. The minimum educational
qualification prescribed is Matriculation or above from 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
Reason: I am the author of this document
Location: Date: 2026.09.03 14:48:40+05'30'
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PUNIA
recognized Board. It is stated that the applicant fulfilled the
prescribed requirements and was accordingly promoted to the
post of Driver on officiating basis.
4. The short grievance as projected by the applicant in the
instant O.A. is that, in March 2025, on account of the marriage of
his children, he applied for release of his General Provident Fund
(GPF) and completed all the requisite formalities. However, despite
the applicant being in dire need of the said amount and the GPF
deductions having been made from his salary in accordance with
the pay drawn by him against the post of Driver, the respondents
have neither released the GPF amount nor given any reason for
denying the release of the same.
[4] O.A. No. 940 of 2026
5. It is contended that the respondents have been utilizing the
services of the applicant against the post of Driver since 2018 and
have also extended to him the grade and pay for the said post,
while his claim for release of his legitimate GPF, has remained
pending since March 2025.
6. Being aggrieved by the inaction of the respondents in
releasing the GPF amount despite completion of the requisite
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 14:48:40+05'30'
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PUNIA
formalities, the applicant has approached this Tribunal by way of
the present O.A. seeking redressal of his grievances.
7. Heard.
8. At the request of learned counsel for the applicant, the O.A.
is taken up for its disposal.
9. The O.A. is disposed of by providing that the respondents
shall treat this O.A. along with all the annexures, as a
representation, who shall consider the release of the GPF in favour
of the applicant, in accordance with law and if there is no legal
impediment. The respondents shall keep note of the fact that the
applicant is in dire need of his GPF, on account of marriage of his
children. The respondents shall do the needful within a period of
[5] O.A. No. 940 of 2026
six weeks positively from the date a certified copy of this Order is
served upon them.
10. Accordingly, O.A. No. 940/2026 is disposed of along with all
connected M.A.s, if any.
(M.S. Latif)
Member (Judl.)
Abhishek Punia
Court Master
02.09.2026
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 14:48:40+05'30'
Foxit PDF Reader Version: 2025.3.0
PUNIA