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Judgment
O R D E R
Shri Ram Mohan Johri, Administrative Member
This is an Original Application filed by the applicants under Section-19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
i.Allow this Original Application of the applicants;
ii.Direct the respondents to take a decision on the representation of the applicants dated 14-07-2026 as expeditiously as possible in terms of the law laid down by the Hon'ble Central Administrative Tribunal, the Hon'ble High Court of Jammu & Kashmir and Ladakh, and the Hon'ble Supreme Court of India in the case O.A. No.1320/2024 (Kanta Devi & Others v. UT of J&K & Others) & (Ο.Α./1813/2021 titled Kapoor Chand v. UT of J&K & Others);
iii.Direct the respondents to issue formal orders regularizing the services of the applicants under the Jammu & Kashmir Civil Services (Special Provision) Act, 2010 with effect from the appointed day, i.e., 29.04.2010, or from such date as they became statutorily entitled under the Act, in terms of the law laid down by the Hon'ble Central Administrative Tribunal, the Hon'ble High Court of Jammu & Kashmir and Ladakh, and the Hon'ble Supreme Court of India;
iv.Grant all consequential service benefits, including pay fixation, annual increments, seniority and continuity of service;
v.Release the arrears arising out of such regularization together; with all consequential monetary benefits;
vi.Grant interest at an appropriate rate on the delayed payment of retiral and monetary benefits, in accordance with law.”
Learned counsel for the applicants submitted that the applicants would be satisfied if this Original Application is disposed of with the directions to the respondents to consider the case of the applicants keeping in view the order passed in O.A. No. 1320/2024 (Kanta Devi and Ors. Vs. UT of J&K and Ors.), O.A. No. 1813/2021(Kapoor Chand v. UT of J&K and Ors.).
Heard learned counsel on both sides.
Accordingly, the Original Application stands disposed of, without entering into the merits, with a direction to the respondents to examine the case of the applicants in the light of the judgment, passed in OA No. 1320/2024 and OA No. 1813/2021. In the event that the applicants' case is found to be similarly situated and the equivalence is established, the respondents shall extend to the applicants the same benefits as were granted to the applicants in the aforesaid case. Such exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. No order as to costs.
