J&K CAT Gives Officials Six Weeks To Decide Two Medical Officers’ Backdated-Regularisation Claims If Cited Rulings Apply

In brief

The question

Whether the applicants’ claims for retrospective regularization and consequential benefits should be considered in light of the cited judgments and the Act.

The court held

The Tribunal disposed of the O.A. without expressing any opinion on its merits.

It also directed

It directed the respondents to treat the O.A. as a representation and decide the applicants’ claims in accordance with law and the cited judgments, if the claims were squarely covered and no legal impediment existed.

A speaking and reasoned order was to be passed within six weeks of service of a certified copy of the Tribunal’s order.

01Facts

The applicants, Medical Officers in the J&K Health and Medical Education Department, were initially appointed as Assistant Surgeons on an ad hoc/contractual basis against clear vacancies.

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Applicant No. 1 was appointed on 5 October 2000 and regularized on 20 January 2012; Applicant No. 2 was appointed on 8 September 2006 and regularized on 18 September 2015 under the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010.

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They contended that they were entitled to regularization from the dates they completed seven years’ service under Section 5 of the Act, and sought consequential service and monetary benefits.

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Relying on judgments concerning retrospective regularization, they asked the Tribunal to direct consideration of their claims.

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At counsel’s request, the Tribunal disposed of the O.A. at the threshold without deciding the merits.

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02Issues

i.Whether the applicants’ claims for retrospective regularization and consequential benefits should be considered in light of the cited judgments and the Act.

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ii.Whether the Tribunal should determine the applicants’ entitlement on the merits or direct the respondents to decide their claims by a reasoned order.

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03Law Applied

Section 5 of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010, was invoked by the applicants as providing for regularization of contractual appointees upon completion of seven years’ service; the Tribunal did not determine the provision’s application to these applicants.

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The applicants also relied on State of Jammu and Kashmir v. Mohammad Syed Parrey & Ors., UT of Jammu and Kashmir v. Neeru Pandita, and Dr. Muneeb Iqbal v. UT of J&K & Ors.

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The Tribunal directed the respondents to consider the claims in accordance with the import of those judgments, but only if the applicants’ cases were squarely covered and no legal impediment existed.

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Provisions in the judgment · 1

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

04Reasoning

The Tribunal did not assess whether either applicant had acquired eligibility for retrospective regularization or whether the cited decisions governed their circumstances.

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Because the applicants sought disposal at the threshold, the Tribunal left those questions to the respondents, requiring them to assess the applicants’ eligibility and entitlements under the applicable law and issue a speaking and reasoned order.

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