Central Administrative Tribunal - Srinagar
Hura Banoo vs Health And Medical Education ... on 6 March, 2026
// 1 // OA/062/1315/2025 & 433/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH
OA/062/1315/2025
&
OA/062/0433/2025
Reserved on : 01.01.2026
Pronounced on : 06.03.2026
CORAM
HON'BLE MR. M.S. LATIF, MEMBER (JUDL.)
HON'BLE MR. PRASANT KUMAR, MEMBER (ADMN.)
1. OA/062/1315/2025
1. Afroza Bano Age:58 years, W/O: Mohammad Sharief Bhat, R/O:
Dolipora, Kreri, Baramulla-193198.
2. Hura Bano Age:56 years, W/O: Mohammad Saleem Bhat, R/O: Holin,
Banihal, Ramban-182146.
3. Shahina Akhter Age:58 years, W/O: Fayaz Ahmad Bhat, R/O: New
Colony, Dethu Anantnag-192201.
4. Shahzada Mir Aged 58 years, D/O Asadullah Parray, R/O Hard Pora,
Anantnag-192201.
5. Farida Akhter Aged 58 years, W/O Javaid Iqbal Malik, R/O Khuri
Batpora Khalsa, Kulgam-192231.
6. Suriya Jalal Aged: 55 years, W/O: Zeyad Ahmad Wani, R/O: Omoh,
Bona Gund, Verinag Anantnag-191222.
7. Saleema Banoo Aged 57 Years, W/o Gh. Qadir Sheikh, R/o Uttarsoo,
Anantnag-192201.
8. Masooda Banoo Aged 55 years, W/o Mohammad Yousuf Mir, R/o
Chhatar Gul, Anantnag-192201.
9. Jabeena Banoo Aged 52 years, W/o Bashir Ahmad Bhat, R/o Uttarsoo,
Anantnag-192201.
10.Naseema Bano Aged 55 years, W/o Feroz Ahmad Bhat, R/o Bon
Gund, Verinag Anantnag-192212.
11.Syed Kousar Jan Aged 56 years, W/o Syed Mohd Umma, R/o Banihal,
Ramban-182146.
12.Dilshada Bano Aged 57 years, W/o Mohammad Altaf Mir, R/o
Ratanpora, Pulwama-192121.
13.Bilala Bano Aged 56 years, W/o Tabasum Iqbal Qureshi, R/o
Shadimarg, Pulwama-192121.
......Applicants
For the applicant : Mr. Firdous Ahmad Bhat
VERSUS
1. Union Territory of J&K, through Commissioner/Secretary to
Government, Health Department Civil Secretariat, Srinagar. PIN
Code: 190009.
2. Director Health Services, Kashmir, Bemina Srinagar. PIN Code:
190018.
Digitally signed by S K Sinha
SK DN: CN=S K Sinha, E=
[email protected]
Reason: I am the author of this
document
Location:
Sinha Date: 2026.03.09 16:19:36+05'30'
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// 2 // OA/062/1315/2025 & 433/2025
3. Deputy Director Health Services, Kashmir, Bemina Srinagar. PIN
Code: 190018.
.....Respondents
For the respondents : Mr. Syed Musaib, ld. DAG
2. OA/062/0433/2025
1. Hura Banoo, Aged 56 Years, W/o Mohd Saleem Bhat, R/o Holin,
Banihal, Ramban, Pin Code: 182146.
2. Shamima Akther, Aged 58 Years, W/o Ab Rashid Alie, R/o Damhal
Hanji Pora, Kulgam, Pin Code: 192231.
3. Shahina Akhter, Aged 58 Years, W/o Fayaz Ahmad Bhat, R/o New
Colony, Dethu, Anantnag Pin Code: 192201.
4. Shahzada Mir, Aged 58 Years, D/o Assadullah Parray, R/o Hard Pora,
Anantnag, Pin Code: 192201.
5. Farida Akhter, Aged 58 Years, W/o Javid Iqbal Malik, R/o Khuri
Batpora Khalsa, Kulgam, Pin Code: 192231.
6. Suriya Jalal, Aged 55 years, W/o Zeyad Ahmad Wani, R/o Omoh,
Bona Gund, Verinag, Anantnag Pin Code: 192212.
7. Nowheeda Akhter, Aged 57 years W/o Mohd Maqbool Lone, R/o
Nagam, Anantnag, Pin Code: 192231.
8. Saleema Banoo, Aged 57 years, W/o Gh Qadir Sheikh, R/o Uttarsoo,
Anantnag, Pin Code: 192201.
9. Taja Akhter, Aged 59 years, W/o Mohammad Ashraf Shah, R/o Khan
Sahib, Budgam, Pin Code: 191111.
10.Masooda Banoo, Aged 55 years, W/o Mohd Yousuf Mir, R/o Chhatar
Gul, Anantnag, Pin Code: 192201.
11.Jabeena Banoo, Aged 52 years, W/o Bashir Ahmad Bhat, R/o
Uttarsoo, Anantnag, Pin Code: 192201.
12.Sharifa Bano, Aged 50 years, W/o Wali Wani, R/o Nowpora, Dooru,
Anantnag, Pin Code: 192211.
13.Naseema Bano, Aged 55 years, W/o Feroz Ahmad Bhat, R/o Bona
Gund, Verinag, Anantnag, Pin Code: 192212.
14.Akhter Aura, Aged 51 years, W/o Mohammad Shamim Khan, R/o
Sedheve, Shopian, Pin Code: 192303.
15.Syed Kousar Jan, Aged 56 years, W/o Syed Mohd Umma, R/o
Banihal, Ramban, Pin Code: 182146.
16.Aisha Banoo, Aged 59 years, W/o Gh Nabi Wani, R/o Khoja Pora,
Nowbugh, Anantnag Pin Code 192202.
17.Afroza Bano, W/o Mohammad Sharief Bhat, R/o Dolipora, Kreri,
Baramulla, Pin Code 193198.
18.Khadija Hussaini, aged 58, W/o Syed Raza Hussain, R/o Beerwah,
Budgam-193411.
......Applicants
For the applicant : Mr. Malik Fahdul Haq
VERSUS
1. Union Territory of Jammu and Kashmir Through Commissioner cum
Secretary, Department of Health and Medical Education, Civil
Secretariat, Srinagar, Pin Code:190001.
2. Commissioner cum Secretary, Department of Health and Medical
Education, Civil Secretariat, Srinagar, Pin Code:190001.
Digitally signed by S K Sinha
SK DN: CN=S K Sinha, E=
[email protected]
Reason: I am the author of this
document
Location:
Sinha Date: 2026.03.09 16:19:36+05'30'
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2025.3.0
// 3 // OA/062/1315/2025 & 433/2025
3. Deputy Secretary to Government, Department of Health and Medical
Education Department, Civil Secretariat, Srinagar, Pin Code:190001.
4. Director, Family Welfare, Maternal Child Health (MCH) and
Immunization, Old Secretariat Srinagar, Camp Office near Sainik
School Nagrota, Jammu.
5. Director Health Services, Division Kashmir, Bemina, Srinagar, Pin
Code: 190018.
6. Deputy Director Health Services, Division Kashmir Bemina, Srinagar,
Pin Code: 190018.
.....Respondents
For the applicants : Mr. Syed Musaib, ld. DAG
ORDER
Per Hon'ble Mr. M.S. Latif, Member (Judl.) Through the medium of instant OAs, applicants seek direction to implement/incorporate the proposed amendment for the promotional post of CHO (Community Health Officer) for the Public Health Department establishment code 2210 recommended by the competent authority/Director Health Services, Kashmir and Jammu vide their recommendation No.DHSK/Est-5th/NG (CC-7298386) dated 30.06.2025, No. DHS-J/Adm/12537 dated 29.01.2025 in the J&K Health & Family welfare (Subordinate) Service Recruitment Rules, 2022 notified as per S.O.334 dated 13.07.2022 with further direction to quash the order No.DHSK/NG/Est-5th/PDC/2077-78 dated 10.04.2025 passed by the Director, Health Services, Kashmir, Bemina, Srinagar; order dated 28.05.2024 issued by respondent No.2 and also to set aside S.O.334 dated 13.07.2022.
2. Alongside the main relief, the applicants have also sought ad-
interim relief to kept the Order No.DHSK/NG/Est-5th/DPC/2077-78 dated 10.04.2025 passed by the Director, Health Services Kashmir, Bemina, Srinagar & Order No.HD/Legal/332/2022-02(C-250108) dated 28.05.2024 in abeyance.
Digitally signed by S K Sinha SK DN: CN=S K Sinha, E=
[email protected]
Reason: I am the author of this
document
Location:
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3. Brief facts of the case, as narrated by the learned counsel for the applicants in both the OAs are as under:-
(i) The applicants are working as Lady Health Visitors (LHV) in the Department of Health Services. It is stated that the seniority of the applicants as also other different non Gazetted posts borne on the cadre of Health Services is being maintained by the Director, Health Services, Kashmir, Bemina, Srinagar. By virtue of the J&K Health and Medical (Subordinate) Service Recruitment Rules, 1992, only one service namely, Jammu & Kashmir Health and Medical Subordinate Service was provided, whereupon qualification and the method of the recruitment was provided in terms of Rule-5 and the seniority list qua the members of the service was to be maintained under Rule-9 by respondent No.5. Equally, the seniority of the members to be regulated under the Jammu & Kashmir Civil Services (Classification, Control & Appeal) Rules, 1956.
(ii) The applicants on the basis of their length of services, being Senior LHV's of the health department, are eligible to the next higher promotional post of CHO Level 6F as per the J&K Health & Family welfare (Subordinate) Service Recruitment Rules, 2022 notified vide S.O.334 dated 13.07.2022 being separate from Directorate of Family Welfare. The Health and Family Welfare is operated under distinct administrative, financial and recruitment frame work as per SRO-20 (1992), SRO-160 (2002) and Government order No.681 HME/2003.
(iii) It is essential to mention here that Directorate of Health services is separate establishment under Distinct Administrative, Financial and Recruitment Frame Work having separate establishment code-2210 Digitally signed by S K Sinha and on the other hand Directorate Family Welfare is SK DN: CN=S K Sinha, E= [email protected] Reason: I am the author of this document Location:
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2025.3.0 // 5 // OA/062/1315/2025 & 433/2025 under Distinct Administrative, Financial and Recruitment Frame Work having separate establishment code-2211. Further Directorate Health and Director Family Welfare are separate authority from each other. The employee's working are controlled and transferred by their respective Directors independent from each other and the employee of Public Health cannot be transferred by the Directorate of Family Welfare and the employees of Public Health cannot be transferred by the Directorate of Health Services Kashmir/Jammu.
(iv) It is apposite to mention here that the existing rules of J&K Health & family welfare (Subordinate) Service recruitment rules, 2022 notified vide S.O-334 dated 13.07.2022 for the promotional post of CHO level 6F, the feeding post has been kept from Health Educator, Para Medical Supervisor, District Mass Education & Information officer. Treatment Organizer, Public Health Nurse, Extension Educator, Lady Health visitor, Malaria Inspector, Senior Health Inspector, TBV/GCG Team Leader. Senior PMA, Senior Sanitary Inspector, Sanitary Inspector, Non-Medical Supervisor, District Para Medical Supervisor and further held that the percentage of share shall be allotted to each Category as per the sanctioned strength of the posts.
(v) It is worth to mention here that as per the aforesaid recruitment rules, the following posts borne on the establishment of the Directorate of Family Welfare whereas MCH & Immunization J&K had been kept, as per the existing recruitment rules, the feeding cadre post of Community Health Officer (CHO) as well viz District Mass Education Information officer, Extension Educator, Lady Health Visitor, Public Health Nurse & Sanitary Inspector as per the J&K Health & Family SK Digitally signed by S K Sinha DN: CN=S K Sinha, E= [email protected] Reason: I am the author of this document Welfare (subordinate) service recruitment rules of Location:
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2025.3.0 // 6 // OA/062/1315/2025 & 433/2025 2022 notified vide S.O-334 dated 13.07.2022, which should not have been there in the rules. The post of CHO ought to have been a promotional post of Public Health department from feeding post only among LHV and ought not to have been only reserved for Public Health department from the feeding post viz LHV, Health Educator, Para Medical Supervisor, Treatment Organizer, Malaria Inspector, Senior Health Inspector, TBV/GCG Team Leader, Senior PMA, Senior Sanitary Inspector, Non-Medical Supervisor, District Para Medical Supervisor and not from the Family Welfare department at all.
(vi) The Government of J&K Health and Medical Education Department Civil Secretariat Srinagar/Jammu, on the basis of various meeting and the representations from the aggrieved employees of Health department with the competent authority, the competent authority noticing the need and intended to amend the rules notified vide S.O.334 dated 13.07.2022 for the promotional post of CHO and also agreed that CHO post should be exclusively reserved for Public health department from the feeding post of Health department only and not from the feeding post of the family welfare department. The competent authority got convinced on the basis of requests and representation in this backdrop and initiated the process for amendment of J&K Health & Family Welfare (subordinate) Service Recruitment Rules of 2022 notified vide S.O.334 dated 13.07.2022 and accordingly vide communication bearing No.HD-NG-
1/30/2021-02 dated 25.11.2024 enjoined upon the Directorate, Health Services Kashmir and Jammu to submit requisites for necessary feedback for amendment of S.O 334 dated 13.07.2025, which was followed by reminder dated 17.02.2025.
Digitally signed by S K Sinha SK DN: CN=S K Sinha, E=
[email protected]
Reason: I am the author of this
document
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(vii) The Director Health Services Kashmir and Director Health, Jammu acting upon the official communication supra dated 25.11.2024 and 17.02.2024 vide their recommendation for amendment of the rules supra submitted various proposed amendments in the J&K Health & Family Welfare (subordinate) Service Recruitment Rules of 2022 notified vide S.O.334 dated 13.07.2022 recommending amendment for the promotional post of CHO (Community Health Officer) exclusively for feeding post of Health Department only and accordingly recommended whole percentage of the share be allotted to categories borne on the establishment code-2210 Public Health only and no share be allotted to the categories borne on the establishment code-2211 Family Welfare vide communication No.DHSK/Est-5th/NG (CC-7298386) dated 30.06.2025 and No.DHS-J/Adm/12537 dated
29.01.2025.
(viii) The competent authority, after receipt of the proposed amendment notified vide S.O.334 dated 13.07.2022, has failed to take a final call on the issue and the eligible candidates, who are entitled for promotion from the feeding post of Health department and are suffering badly due to the inaction on the part of the respondents and the promotion avenues is stalled for the post of CHO and more so, the right to consideration for next higher promotion is denied to the genuine eligible candidate of Public Health employee whereas the respondents are contemplating to consider employees of department of Family welfare for the promotional post of CHO, which is unfair and unreasonable. On the other hand, the respondents vide communication dated 28.05.2024 permitted the promotion of CHO from both Family welfare which has become a tool of injustice to the SK Digitally signed by S K Sinha DN: CN=S K Sinha, E= [email protected] Reason: I am the author of this document applicants pursuant to communication dated Location:
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2025.3.0 // 8 // OA/062/1315/2025 & 433/2025 10.04.2025 when the respondents sought documents in connection with conducting of DPC, the applicants challenged the said unfair process before the Hon'ble Tribunal vide O.A. No.433/2025 wherein the process of promotion for the post of CHO for the employees of Family Welfare were put on hold when the same were initiated.
(ix) The petitioners filed a representation before the official respondents on 15.10.2025 requesting to take a call on the proposed amendments initiated by the respondents, but the respondents neither decided nor replied the representation of the petitioners till date.
(x) The post of Community Health officer (CHO) falls under the head-10 field Activity Unit in schedule II of S.O.334 of 2022 dated 13.07.2022, which is borne on the cadre of Health Service Department and correspondingly, post borne on the cadre of Family Welfare, MCH and Immunization Department figured at heads 20 and 21 of the schedule II. Further the applicants, in view of their seniority, are only entitled to be considered for the promotion on the post of CHO borne on the cadre of health service department and the action to group the employees of the Family welfare department in the feeding category of Department of Health Service, is wholly arbitrary, impermissible and unreasonable.
(xi) The applicants are eligible for the next higher promotion for the post of CHO and in case the respondents further delayed the matter there are every possible likelihood that the applicants would retire from their services without availing their right to be considered for the next higher promotion as the applicants are approaching the retirement age and on the other hand the respondents are sitting over the proposed amendments initiated by the respondents SK Digitally signed by S K Sinha DN: CN=S K Sinha, E= [email protected] Reason: I am the author of this document themselves.
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4. The applicants have taken grounds that the respondents cannot sit over the process of proposed amendment for an indefinite period of time as the eligible employees/applicants of the Public health department are touching the retirement age and in case the amendment is not proposed promptly and not taken to the logical end then their rights to next promotion would get defeated for none of their fault.
5. Objections have not been filed by the respondents in both the OAs, but written arguments have been filed by both the parties.
6. Learned counsel for the applicants reiterated the same in the written arguments, as pleaded in the OA, except one submission that the applicants earlier filed MA bearing No.1763/2025 in OA No.1315/2025 whereby seeking withdrawal on behalf of applicants No.1 to 11 so that there would be no confusion owing to the pendency of both the petitions which are different in cause of actions in both the petitions, however, both the petitions were clubbed by the Tribunal in the interest of justice.
7. Learned counsel for the respondents, in their written arguments, submitted as under:-
(i) Respondents have submitted that service jurisprudence does not recognize a right in favour of employees to question the wisdom, desirability, or suitability of administrative policies, and mere dissatisfaction with policy decisions does not clothe the applicants with a legally enforceable right.
(ii) It is submitted by the respondents that framing, amendment, interpretation, and implementation of recruitment rules fall squarely within the exclusive domain of the employer or the competent authority and courts, tribunals ordinarily refrain from interfering in such matters unless the policy is patently Digitally signed by S K Sinha unconstitutional or ultra vires.
SK DN: CN=S K Sinha, E=
[email protected]
Reason: I am the author of this
document
Location:
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(iii) Promotions to public posts are governed strictly by the recruitment rules in force at the relevant time and determination of feeder cadres, promotional quota and cadre composition is a matter of statutory and administrative discretion exercised within the framework of law.
(iv) The issues raised in the present Original Application are no longer res-integra, as the Hon'ble Central Administrative Tribunal, Jammu Bench, in O.A. No. 1051/2024 titled Kamaljeet Kumar & Ors. vs. Union Territory of Jammu and Kashmir & Ors., decided on 18.11.2025, has already examined and adjudicated upon identical questions relating to recruitment rules, feeder categories, cadre structure, and scope of judicial review and has categorically held that employees have no vested or enforceable right to seek Inclusion or exclusion of feeder categories for promotion, the framing and interpretation of recruitment rules being within the exclusive domain of the employer, and therefore the present Original Application, raising substantially similar grounds, is barred by the principles of judicial discipline, consistency, and issue estoppels.
(v) Inclusion or exclusion of posts as feeding categories for promotion is a policy decision based on organizational requirements and administrative exigencies, and unless shown to be violative of constitutional or statutory provisions, such decisions are immune from judicial interference.
8. Heard the learned counsel for the parties at length, perused the contents of the OAs and annexures on file and also the written arguments filed by the respondents.
9. On perusal of order dated 18.11.2025 passed by the Division Bench of CAT Jammu Bench in OA No.1051/2024 in case titled Digitally signed by S K Sinha SK DN: CN=S K Sinha, E= [email protected] Reason: I am the author of this document Location:
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2025.3.0 // 11 // OA/062/1315/2025 & 433/2025 Kamaljeet Kumar & Ors. vs. Union Territory of Jammu and Kashmir & Ors, we find that the issue involved in the instant OAs are same. The Division Bench of CAT, Jammu Bench decided the matter on merits and dismissed the OA and ordered as under:-
"In view of the foregoing discussion, this Tribunal is of the considered opinion that the applicants have failed to demonstrate that the impugned Order dated 28.05.2024 or the operation of S.O.334 of 2022 violates any of their fundamental statutory or legal rights. Determination of feeder categories and sharing of promotion quota is a policy decision of the Government and is governed by validly framed rules, in which this Tribunal can interfere only on limited grounds of arbitrariness or unconstitutionality, none of which is made out in the present case. Earlier orders of this Tribunal in O.A. Nos.423/2023, 1093/2022 and 998/2022 were not decisions on merits and in any case, do not restrict the Government from acting in accordance with statutory recruitment rules. The apprehension of the applicants regarding loss of promotional chances is speculative at this stage and does not furnish a ground to strike down the rules or the impugned order."
10. In view of the decision having been taken by the Division Bench of CAT, Jammu Bench in OA No.1051/2024, the instant OAs shall also be governed by the same orders.
11. Accordingly, OAs No.1315/2025 & 433/2025 stands dismissed. No order as to costs.
12. Interim order, if any, shall stands vacated. MA No.1763/2025 also stands disposed of.
Sd/- Sd/-
(PRASANT KUMAR) (M.S. LATIF)
MEMBER (A) MEMBER (J)
sks/-
Digitally signed by S K Sinha
SK DN: CN=S K Sinha, E=
[email protected]
Reason: I am the author of this
document
Location:
Sinha Date: 2026.03.09 16:19:36+05'30' Foxit PDF Reader Version:
2025.3.0