Respondents directed to consider applicant's regularization date for pension benefits.

The applicant, Nazir Ahmad Bhat, was initially appointed as Class IV on a temporary basis on October 15, 1991, against the post of Auxiliary Nurse Midwife (ANM) for a period of 89 days.

Following directions from respondent No. 1 on April 20, 1992, and an order from the Chief Medical Officer, Kupwara, on November 9, 1992, he was allowed to continue on a stop-gap basis as Class-IV in the pay scale of 750-940 against the post of Extension Educator.

After rendering over nine years of continuous service, the applicant's services were regularized as Class IV by an order dated March 31, 2001, issued by the Chief Medical Officer, Kupwara.

The applicant performed his duties diligently, was transferred to various locations, and received his salary throughout his service.

Subsequently, other employees who had not been regularized earlier were considered for regularization under the Special Provisions Act, 2010, with their regularization orders issued in 2015.

The applicant's name was erroneously included in this list, showing his regularization in 2015 instead of 2001.

The applicant attained the age of superannuation on February 28, 2026.

However, the respondents have not processed his pension case or released his retiral benefits, contending that his regularization should be reckoned from 2015.

The applicant argues that this action rewrites his service history, ignoring his lawful regularization of 2001, and that he is entitled to full pensionary and retiral benefits based on his service from March 31, 2001, as per the J&K Civil Service Regulations.

The applicant submitted a representation (Annexure-A7, page 33 of the O.A) for the release of his benefits, which remains unconsidered.

1. Whether the respondent's refusal to process the applicant's pension and retiral benefits, by reckoning his regularization from 2015 instead of 2001, is illegal, arbitrary, and contrary to records.

2. Whether the applicant is entitled to have his representation and the present Original Application considered by the respondents for the release of his pensionary and retiral benefits based on his regularization from March 31, 2001.

The court primarily applied the principles of fair administrative action and the entitlement to pensionary and retiral benefits in accordance with applicable rules, law, and circulars issued from time to time.

It acknowledged the J&K Civil Service Regulations as the governing framework for qualifying service for pension.

The court invoked its power to direct consideration of representations by relevant authorities.

The Court noted the applicant's contention that his services were regularized in 2001, contradicting the respondents' stance that regularization was in 2015 due to an erroneous inclusion in a later list.

The applicant argued that his service from 2001 qualified for full pensionary and retiral benefits under the J&K Civil Service Regulations.

Given the limited prayer by the applicant's counsel, who sought a direction for the respondents to consider his representation, the court opted not to delve into the merits of the regularization date.

Instead, it decided that the appropriate course of action was to compel the Chief Medical Officer, Kupwara (respondent No. 3), to consider the applicant's representation, alongside treating the O.A. itself as a representation.

This approach allows the administrative authority to make a speaking and reasoned order based on the applicable rules and law, provided no other legal impediment exists.

The court directed respondent No. 3 (Chief Medical Officer, Kupwara) to consider the applicant's representation (Annexure-A7, page 33) and also treat the instant O.A. as a representation for the grant of pensionary and retiral benefits.

This consideration must be in accordance with applicable rules, law, and circulars, and as per the applicant's entitlement, provided no other legal impediment exists.

A speaking and reasoned order must be passed within four weeks from the receipt of the certified copy of this order.