J&K CAT Gives Govt 8 Weeks To Decide 5 Contractual Employees’ Claim To Count Pre-Regularisation Service For Pension

In brief

The question

Whether the applicants’ contractual or ad hoc service before regularization should count towards pensionary benefits and determination of the applicable pension scheme.

The court held

The O.A. was disposed of with a direction that the respondents treat it, together with the applicants’ earlier representations, as a representation and decide the claim by a speaking and reasoned order within eight weeks after service of a certified copy of the order.

It also directed

No finding was made on the applicants’ entitlement to have their pre-regularization service counted towards pensionary benefits.

01Facts

The five applicants were initially engaged on a contractual or ad hoc basis in the School Education Department following selection by the District Selection Committee.

pp. 3–5

Their appointments were extended, and their services were later regularized under the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010, with prospective effective dates.

pp. 3–5

They claimed that their pre-regularization service should count towards pensionary benefits, including for determining whether they fell under the earlier pension regime rather than the Defined Contributory Pension Scheme.

pp. 5–7

After submitting representations in November 2025 and May 2026 without receiving a decision, they filed this O.A.

p. 7

At the hearing, their counsel asked that the O.A. be disposed of by directing the respondents to treat it as a representation.

p. 8

02Issues

i.Whether the applicants’ contractual or ad hoc service before regularization should count towards pensionary benefits and determination of the applicable pension scheme.

pp. 2, 5–7

ii.Whether the respondents should be directed to consider and decide the applicants’ claim through a reasoned order.

p. 8

03Law Applied

The applicants relied on the Jammu and Kashmir Contractual Appointment Rules, 2003; Sections 5 and 10 of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010; and Article 167, Exception (6), of the Jammu and Kashmir Civil Service Rules, as amended by SRO 400 dated 24 December 2009, concerning the pension scheme applicable to employees appointed or brought onto the regular establishment on or after 1 January 2010.

pp. 3–6

They also cited M.K. Shamaugen & Anr. v. Union of India & Anr., State of H.P. v. Sheela Devi, 2023 SCC OnLine SC 1272, and S.D. Jayaprakash & Ors. v. Union of India & Ors. in support of counting pre-regularization service.

p. 7

The Tribunal did not determine the effect or application of these provisions or precedents; it directed the respondents to decide the claim in accordance with the governing rules and the applicants’ eligibility and entitlements.

p. 8

Provisions in the judgment · 2

Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 Section 10Section 5

04Reasoning

The Tribunal did not adjudicate whether the applicants’ earlier service qualified for pensionary benefits or altered the pension scheme applicable to them.

p. 8

At the applicants’ request, it disposed of the O.A. at the threshold and left the substantive claim for the respondents to assess under the applicable rules.

p. 8

It expressly reserved its opinion on the merits.

p. 8