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Judgment
ORDER
Per Hon’ble Mr. M.S. Latif, Member (Judl.)
Through the medium of the instant O.A., the applicant seeks the following reliefs:
a. To issue a direction, whereby the impugned order No. 20902/Civ Est dated: 24th July, 2026 may be quashed / set aside.
b. To issue a direction, whereby the non-applicants be directed to conduct the medical examination of the applicant within the nearest place of the applicant's residence i.e. either in SMHS Hospital, Srinagar or in SKIMS Soura, Srinagar.
c. Any other order or direction which this Hon'ble Tribunal may deem fit and proper under the facts and circumstances of the case, be also passed in favour of the applicant and against the respondents.
What emerges from the pleadings made is that in terms of a
judgment in 20.03.2024, the Division Bench of this Court had passed an order. The operative portion of the same reads as under:
“The instant OA be treated as representation and the Central Administrative Tribunalrespondents are free to consider all the representations filed by the petitioner particularly in view of the ailments as projected by the petitioner in the OA. In the process, the respondents are also free to set up a medical board to assess the health conditions of the petitioner. The whole process be concluded within a period of 20 days and till then the present position of the petitioner shall not be disturbed. It is made clear that the needful be done within 20 days from the date the order is served upon the respondents. In case the respondents are not in a position to do the needful within the aforesaid period, they shall move the Court by way of an MA for seeking extension and apprise the Registrar of this Court of the disposal of the representation.”
The applicant has assailed the order impugned dated 24.07.2026 by virtue of which the competent authority, in
compliance to the Hon’ble CAT Srinagar Bench order dated 09.10.2025, has constituted a Medical. Accordingly, the Medical Superintendent Associated Hospital, GMC Udhampur, was approached to schedule a fresh date for medical examination by the 'Board of Doctors', as such, 25th August 2026, was notified for the medical examination of the applicant before the Board of Doctors.
It appears that the applicant has not appeared before the Medical Board. However, he has thrown challenge to the order impugned on the grounds as urged in the O.A. He submits that the health condition of the applicant does not permit the applicant to appear before the Board at Udhampur, as the applicant has to travel around 300 kms, which would affect his health condition in view of the ailment. To this effect, the applicant has annexed certain prescriptions which are on file.
Admittedly, Courts are not experts in the field, as assessing the health condition of an individual/employee is strictly within the domain of the subject experts. At times, employees have genuine health issues which prevent them from joining at their
place of posting and at the same time, the competent authority is not powerless to consider genuine cases as right to life is an important face of Article 21 of the Constitution of India and equally the competent authority being the first responder is not powerless to consider genuine cases of its employees.
Learned CGSC, Mr. A. S. Sodhi, appearing for the respondents, submits that the applicant is deliberately not appearing before the Medical Board and is avoiding his presence before the Board.
Heard learned counsel for the parties and perused the contents of the O.A.
At the request of learned counsel for the applicant, the O.A. is taken up for its disposal.
The O.A. is disposed of by providing that the instant O.A. be treated as a representation, which the applicant will submit before the competent authority within a period of one week along with all the annexures accompanying the O.A. The respondents shall consider and constitute the Board in accordance with law at Srinagar in tune with the standing Govt. instructions as regards the
constitution of Medical Boards. It is made clear that this Court has not commented upon the merits or otherwise of the case. It is expected that the consideration shall be accorded within a period of four weeks. However, it is also made clear that needful shall be done within the aforesaid period and any delay shall be attributable to the respondents.
Accordingly, O.A. No. 990/2026 is disposed of along with all connected M.A.s, if any.