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Judgment
JUSTICE RITU TAGORE, MEMBER [JUDL.]
The case of the applicant as projected in the O.A. is that he was initially engaged in 1994 and was removed from service in violation of the Court’s Order dated 09.09.1998 passed in SWP No. 2224/1997. He therefore claims that, in terms of the applicable rules and law, his service is liable to be treated as continuous from 1994. He further submits that even after his re-engagement in 2008, he completed seven years of service in 2015, but the respondents failed to regularize his services, though according to him, he was entitled to regularization from 2002.
The applicant further relies upon the judgment dated 30.08.2025 passed by the Division Bench of the Hon’ble High Court of Jammu and Kashmir and Ladakh at Srinagar in W.P. No. 416/2024 and connected matters, wherein it is held that persons appointed against clear vacancies prior to commencement of the J&K Special Provisions Act, 2010, and continuously engaged for more than seven years, could not be excluded from the benefit of regularization, subject to their engagement being against substantive vacant posts.
In compliance with the said judgment, the Nodal Principal, Kashmir Division Colleges, vide communication dated 23.04.2026, communicated to the Principals of Kashmir Division Colleges to furnish the requisite documents/information regarding academic arrangement candidates who had completed seven years or more prior to the commencement of the J&K Special Provisions Act, 2010. Accordingly, the Principal, Government Degree College, Anantnag, vide communication dated 20.06.2026, submitted the requisite documents of the applicant to the office of the Nodal Principal, Kashmir Division Colleges, Srinagar. However, no action has allegedly been taken thereon till date.
The applicant, having attained the age of superannuation on 31.03.2026, claims that he was entitled to regularization as Lecturer in Physics in the Higher Education Department from 2002, as his removal from service was allegedly in violation of the Court’s orders and his service is liable to be treated as continuous from 1994 till his superannuation. Since, the respondents have failed to regularize his services, the applicant has approached this Hon’ble Tribunal by way of the present Original Application.
Through the medium of the instant O.A., the applicant seeks for the following reliefs-
a)Allow this Original Application and non-applicants /respondents be directed to regularize the services of the applicant on the post of Lecturer in Higher Education in the discipline of Physics with effect from 2002 along with the salary as attached to the post with grade fluctuations.
b)Allow this Original Application and non applicants /respondents be directed to treat the applicant in services from the year 2000 to 2008 as on duty for the purposes of length of services and consequential benefits as the applicant was removed from services in violation of the Court Orders.
c)Allow this Original Application and non applicants /respondents be directed to assess the pensionary benefits on the post of lecturer of physics in higher education department of UT Of J&K and be directed to pay/ release the retririal benefits leave services and pensionary benefits of application on the basis of salary as attached to the post of Lecturer of physics as on 31.03.2026.
d)Or in the alternative the reliefs be molded for grant in favour of the applicant as per the Rules Governing the field.
e)Allow this Original application and the non-applicant No. 06 Chairman High Level Committee Department of Higher Education Civil Secretariat Srinagar be directed to implement the judgement dated 30-08-2025 passed by the Division Bench of the Hon'ble High Court of Jammu and Kashmir and Ladakh at Srinagar in Writ Petition bearing No WP(C) No 416/2024 and Connected matters titled as Syed Tariq Ahmad & Others versus UT of J&K and others.
f)Allow this Original Application and direct the non applicants to release the increments, revised pay allowances etc. as consequential service benefits and financial benefits and arrears, with interest thereon in favour of the applicant.
g)Allow this Original Application and direct the non applicants/ respondents to consider the representations filed by the applicant which is pending before respondents for seeking regularization of his services.
Learned counsel for the applicant argued the matter at length and submitted that the applicant would be satisfied if the present O.A. is treated as a representation and the respondents are directed to consider and decide the same within a stipulated time frame, in light of the averments made therein, along with the documents annexed and the law applicable in the instant case.
Learned counsel for the respondents submits that, without prejudice to their rights and contentions, the respondents have no objection if the present O.A. is treated as a representation and is disposed of in terms of the submissions advanced on behalf of the petitioner.
Heard learned counsel for the parties.
Learned counsel for the parties are ad idem that the present O.A. may be disposed of at this stage by treating the same as a representation.
Accordingly, without expressing any opinion on the merits of the case, the present O.A. is disposed of with a direction to respondents to treat this O.A. as representation and to accord due consideration to the assertions made therein, in light judgment dated 30.08.2025 titled as Syed Tariq Ahmad & Others versus UT of J&K and others, passed by the High Court of J&K and Ladakh in WP(c) No.416/2024 along with connected cases (Annexure-V, page 38 of the O.A.), and according to the law holding the field and subject to the entitlement and eligibility of the applicant, as well as other applicable conditions and rules and regulations and further, subject to fulfillment of eligibility criteria and conditions. Further, if there is no impediment. Respondents shall also take into consideration the documents annexed with the O.A. while according such consideration.
The said exercise shall be completed within a period of eight (08) weeks from the date of receipt of a copy of this order, by passing a comprehensive reasoned, speaking, and detailed order.
It is clarified that this Tribunal has not expressed any opinion on the merits of the claims or contentions raised by either side. All questions of fact and law are left open to be considered by the competent authority, in accordance with law.
Accordingly, O.A. No. 985/2026 is disposed of along with the connected M.As., if any, parties are to bear their own costs.
Consign the file to the Record Room, after due compliance.