Ali Mohammad Sheikh vs Principal Secretary to Govt Skill Development Department and others

Court
Central Administrative Tribunal

CENTRAL ADMINISTRATIVE TRIBUNAL SRINAGAR
Order Sheet
Item no.:   12
M.A./1368/2026 (SRINAGAR)
[ MA for Disposal ]
In
O.A./560/2024
Court No.: 1
No of Adjournment:
Order Dated: 21/10/2026
ALI MOHAMMAD SHEIKH
Vs
PRINCIPAL SECRETARY TO GOVT SKILL DEVELOPMENT DEPARTMENT AND OTHERS
For Applicant(s) Advocate : MR. N A TABASSUM
For Respondent(s) Advocate : MR. F Y SOFI, GA
  Notes of The Registry     Order of The Tribunal
 
1. Learned counsel for the applicant has filed the present
M.A. No. 1368/2026 in the pending O.A. No. 560/2024,
seeking disposal of the M.A. along with the connected
Original Application by treating the O.A. as a
representation.
2. The case of the applicant, as set out in the O.A. and
reiterated in the present M.A., is that he has been
working continuously on consolidated wages in the
respondent department at ITI Handwara since 1993. It is
submitted that his case, along with those of two other
consolidated employees, namely Mohammad Rafiq
Sheikh and Nazir Ahmad Hajam, was forwarded by the
Superintendent, ITI Handwara, to the Deputy Director,
Technical Education, Kashmir, vide Communication No.
I/Estt/H/224 dated 13.02.2002 for regularization.
According to the applicant, while the services of the two
other employees have since been regularized, his case
has remained pending despite his prolonged service in
the department.
3. It is further submitted that, pursuant to Government
Order No. 1423-GAD of 2009 dated 14.10.2009 and the
subsequent directions issued in respect of consolidated
employees working against clear vacancies, the
applicant’s case was forwarded to the competent
authority in the prescribed Proforma ‘C’, wherein he was
stated to fulfil the requisite criteria for the post and to be
working against a clear vacancy. His case was thereafter
placed before the Empowered Committee in its 24th
meeting held on 03.09.2011, wherein his name figured at
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Reason: I am the author of this document
Location:
Devendra Tripathi
Date: 2026.10.22 15:42:43+05'30'
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Serial No. 36 amongst the consolidated employees of the
Technical Education Department. However, his case
could not be finalized, allegedly because the requisite
Work and Conduct Certificate and Permanent Residence
Certificate were not forwarded by the department.
4.
The applicant further submits that his case was again
considered by the Empowered Committee in its 52nd
meeting held on 12.11.2015, wherein his name figured at
Serial No. 13 amongst the consolidated employees of the
Technical Education Department. On that occasion,
clarification was sought regarding his appointment
against a clear vacancy. The applicant contends that the
department had already acknowledged this position in
the earlier proceedings and, therefore, the delay in
finalizing his case was attributable to the omissions and
inaction of the respondents and not to any fault on his
part.
5. It is also submitted that the Superintendent, ITI
Handwara, vide communication dated 12.07.2017,
recommended that the applicant be adjusted against a
vacant post of Sweeper at ITI Rohama or that the post be
transferred to ITI Handwara for drawal of salary and
confirmation of his services. Subsequently, vide
Communication No. ITI/HND/Estt/2021/84-85 dated
11.08.2021, the departmental authorities again stated that
the applicant was working against a clear vacancy and
forwarded his representation for necessary action. The
applicant asserts that, despite these communications and
his long period of service, his claim for regularization
has not been finalized. He accordingly seeks
regularization of his services retrospectively with effect
from 29.04.2010 under the Jammu and Kashmir Civil
Services (Special Provisions) Act, 2010, along with
consequential service and monetary benefits.
6. However, after arguing the matter for some time, learned
counsel for the applicant submits that the interests of
justice would be adequately served if the present M.A.
along with the connected Original Application is
disposed of with a direction to the respondents to treat
the O.A. as a representation and consider the applicant’s
claim for regularization of his services retrospectively
with effect from 29.04.2010 under the Jammu and
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Reason: I am the author of this document
Location:
Devendra Tripathi
Date: 2026.10.22 15:42:43+05'30'
Foxit PDF Reader Version: 2026.1.1

Kashmir Civil Services (Special Provisions) Act, 2010,
along with consequential service and monetary benefits,
including pay, salary, seniority and promotion, together
with the documents annexed thereto, strictly in
accordance with law and within a stipulated period.
7.
Mr. Rais Ud Din Ganaie, learned Deputy Advocate
General, appearing on advance notice, submits that the
present M.A. along with the connected Original
Application may be disposed of with appropriate
directions, without prejudice to the rights and
contentions of the respondents.
8. Having considered the submissions made at the Bar and
perused the material placed on record, this Tribunal is of
the considered opinion that no useful purpose would be
served by keeping the present M.A. and the connected
Original Application pending, particularly in view of the
limited prayer made on behalf of the applicant.
9. Accordingly, without expressing any opinion on the
merits of the case or the rival claims of the parties, the
present M.A. along with the connected O.A. No.
560/2024 is disposed of with a direction to the
respondents to treat the O.A. as a representation and
accord due consideration to the applicant’s claim for
regularization of his services retrospectively with effect
from 29.04.2010 under the Jammu and Kashmir Civil
Services (Special Provisions) Act, 2010, along with
consequential service and monetary benefits, including
pay, salary, seniority and promotion, together with the
documents annexed thereto, subject to the applicant’s
eligibility and entitlement, in accordance with the
applicable rules and regulations, and provided there is no
legal impediment thereto.
10.
The respondents shall pass a detailed, reasoned and
speaking order within a period of eight (08) 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 applicant’s claim, and all
questions of fact and law are left open to be considered
by the competent authority while passing the aforesaid
order.
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Reason: I am the author of this document
Location:
Devendra Tripathi
Date: 2026.10.22 15:42:43+05'30'
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12. With the aforesaid directions, the M.A. along with the
Original Application stands disposed of. Pending
miscellaneous application(s), if any, shall also stand
disposed of.
13.
No order as to costs.
14.
Registry shall consign the record to the Record Room
after due compliance.
   PRASANT KUMAR
   MEMBER (A)
JUSTICE RITU TAGORE
MEMBER (J)
Devendra Tripathi
( steno 'd' )
 
Case No M.A./1368/2026 Srinagar Bench
List In: Main causelist             Item No. 12
Generated by DT CAT Central Administrative Tribunal Srinagar Bench on 21/10/2026
 
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Reason: I am the author of this document
Location:
Devendra Tripathi
Date: 2026.10.22 15:42:43+05'30'
Foxit PDF Reader Version: 2026.1.1