Central Administrative Tribunal - Srinagar
Hilal Ahmad Malik vs D/O Education Ut Of J & K on 7 April, 2026
[1] T.A. No. 1272 of 2021
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 1272 OF 2021
(Srinagar, 07th day of April 2026)
CORAM
HON'BLE MR. M.S. LATIF, MEMBER (JUDL.)
HON'BLE MR. PRASANT KUMAR, MEMBER (ADMN.)
............
1. Hilal Ahmad Malik Aged about 38 years S/o Ghulam
Mohammad Malik R/o Indar Pulwama District Pulwama.
2. Abdul Hameed Kumar Aged about 36 years S/o Ali
Mohammad Kumar R/o Pargochi Shopian District Shopian.
3. Bilal Ahmad Malik Aged about 39 years S/o Ghulam Hassan
Malik R/o Killora Malikgund Shopian District Shopian.
4. Abdul Bareey Aged about 49 years S/o Molvi Abdul Majeed
R/o Chanapora Shopian District Shopian.
5. Nazima Jan Aged about 38 years D/o Ghulam Hassan Tak
R/o Bongam Shopian District Shopian.
6. Ghulam Hassan Wagay Aged about 49 years S/o Abdul Gani
Digitally signed by ABHISHEK PUNIA
Wagay R/o Pinjura Shopian District Shopian.
ABHISHEK
7. Abdul Rashid Dar Aged about 46 years S/o Abdul Satar Dar
DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of
Personnel And Training, Phone=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2,
PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, CN=
ABHISHEK PUNIA
PUNIA Reason: I am the author of this document
Location:
Date: 2026.04.09 09:59:10+05'30'
Foxit PDF Reader Version: 2025.2.0
R/o Penzgam Pulwama District Pulwama
8. Shiraz Ahmad Sofi Aged about 46 years S/o Abdul Reham
Sofi R/o New Colony Gargren Shopian District Shopian.
9. Mymoona Akther Aged about 46 years D/o Ghulam Haider
Gada R/o Gagren Shopian District Shopian.
10. Nigeena Akther Aged about 45 years D/o Wali Mohammad
Dar R/o Jana Mohalla Shopian District Shopian.
11. Shugufta Ara Aged about 38 years D/ o Ghulam Nabi Zargar
R/o Shopian District Shopian.
12. Mukthar Ahmad Dar Aged about 35 years S/o Ali Mohd Dar
R/o Zawoora Shopian District Shopian.
13. Afroza Jabeen Aged about 43 years D/o Abdul Hamid Khan
R/o Shopian District Shopian.
14. Showket Ahmad Shah Aged about 32 years S/o Abdul
[2] T.A. No. 1272 of 2021
Rehman Shah R/o Mashwar Shopian District Shopian.
15. Mudsir Hassan Aged about 46 years S/o Syed Ghulam
Hassan Indrabi R/o Heerpora Batgund Shopian District
Shopian
16. Zahoor-ud-Din Reshi Aged about 32 years S/o Mohammad
Yaqoob Reshi R/o Reshipora Shopian District Shopian.
17. Fayaz Ahmad Reshi, Aged about 38 years, S/o Abdul Khaliq
Reshi, R/o Reshipora, Shopian, District Shopian.
18. Azad Hussain Malik Aged about 41 years S/o Mohammadd
Hussain Malik R/o Kiloora Malikgund Shopian District
Shopian.
19. Shagufta Jan Aged about 33 Years D/o Mohammad Yaqoub
Ganie R/o Ramnagri Shopian District Shopian.
20. Rafiq Ahmad Mir Aged about 37 years S/o Abdul Majid Mir
R/o Amshipora Shopian District Shopian.
21. Mohammad Shafi Lone Aged about 34 years S/o Abdul
Rashid Lone R/o Turkwangam, Shopian, District Shopian
22. Mr. Talib Hussain Dar S/o Mohammad Rajab Dar R/o
Barzulla Srinagar
............. Applicants.
By Advocate:- Mr. S. M. Ayoub.
Digitally signed by ABHISHEK PUNIA
ABHISHEK
DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of
Personnel And Training, Phone=
Versus
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2,
PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, CN=
ABHISHEK PUNIA
PUNIA Reason: I am the author of this document
Location:
Date: 2026.04.09 09:59:10+05'30'
Foxit PDF Reader Version: 2025.2.0
1. State of Jammu and Kashmir through Commissioner/
Secretary to Government General Administration
Department, Civil Secretariat, Srinagar/ Jammu
2. Commissioner/Secretary to Government Education
Department, Civil Secretariat, Srinagar/ Jammu.
3. Commissioner/ Secretary to Government Finance
Department, Civil Secretariat, Srinagar/ Jammu.
4. Director School Education, Kashmir, Srinagar.
5. Chief Education Officer, Shopian, Kashmir
........... Respondents.
By Advocate:- Mr. Rais ud din Ganaie, DAG and Mr. Satinder
Singh, AAG.
[3] T.A. No. 1272 of 2021
ORDER
(Oral) Per Hon'ble Mr. M.S. Latif, Member (Judl.):- The case was initially filed before the Hon'ble High Court of J&K in the year 2017 and was later transferred to the CAT Jammu Bench. Pleadings are complete in the matter.
2. By way of filing the instant T.A., the applicants seek the following reliefs:
a. Writ of mandamus commanding the respondents to treat the petitioners regularized to the post of Teacher from the day and date they were selected and appointed as contractual teachers and the seniority of the petitioners be fixed accordingly. Consequently respondents be directed to give the petitioners the Pensionery benefits and the treatment of old defined scheme as per the Rules which subsisted and were in vogue prior to the amendment of Article 167 and associated articles by ABHISHEK Digitally signed by ABHISHEK PUNIA DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, CN= issuance of SRO 400 Dated 24-12-2009, further necessary entries be ordered to be carried in the service book of the ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.09 09:59:10+05'30' Foxit PDF Reader Version: 2025.2.0 petitioners be issued in favour of the petitioners and against the respondents.
b. In the alternative the respondents be directed to give effect of regularization not from the day petitioners were regularized but from the day the period for regularization was completed in pursuance of Jammu & Kashmir Civil Services (Special Provisions) Act of 2010 with all consequential benefits.
c. Any other writ, order or direction which this Hon'ble Court deems fit and proper in the facts and circumstances of the case.
3. As stated in the O.A. and submitted by learned counsel for the applicants, Mr. S. M. Ayoub, vide Advertisement Notification [4] T.A. No. 1272 of 2021 No. 01 of 2005 dated 20.06.2005, applications were invited under the J&K Contractual Appointment Rules, 2003, for filling up 276 posts of Teacher in District Pulwama. Being eligible, the applicants applied, got selected, and were appointed as Teachers in the erstwhile District Pulwama. The applicants were initially appointed for a period of one year or till the regular selection was made in accordance with rules. However, the respondents did not make any selection, and the appointment of the applicants got extended from time to time.
4. It is stated in the T.A. that the Government enacted the Jammu & Kashmir Civil Services (Special Provisions) Act, 2010 and in its Section 5, there were conditions for regularization of ad hoc Digitally signed by ABHISHEK PUNIA ABHISHEK or contractual or consolidated staff. As stated, Section 6 gives DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, CN= ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.09 09:59:10+05'30' Foxit PDF Reader Version: 2025.2.0 powers to the Government to relax the upper age limit of the ad hoc or contractual or consolidated appointees.
5. Learned counsel for the applicants submits that under Section 10(2) of the J&K Civil Services (Special Provisions) Act 2010, every department has to refer the cases of ad hoc / contractual / consolidated appointees for regularization before the Empowered Committee within a period of sixty (60) days and the same is [5] T.A. No. 1272 of 2021 followed by a 15 days objection period. He submits that the whole process has to be completed within a period of ninety (90) days. Learned counsel for the applicants further submits that the Empowered Committee approved the case of the applicants for regularization on different dates. To this effect, he has also annexed regularization orders dated 12.05.2015 and 11.01.2017 as Annexure E. However, he submits that even after completing seven (07) years of continuous service on 08.05.2013, the services of the applicants have been regularized w.e.f. 12.05.2015, i.e., from the issuance of their regularization order.
6. It is contended in the T.A. that the Government of J&K issued SRO 400 on 24.12.2009 and the after amendments in J&K Digitally signed by ABHISHEK PUNIA ABHISHEK Civil Service Rules, Article 167 of Exception (6) was added. The DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, CN= ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.09 09:59:10+05'30' Foxit PDF Reader Version: 2025.2.0 same reads as under:
(6). The State Government employees appointed on or after 01.01.2010 shall be governed by "New Pension Scheme" as per article 249.M (B) added after 249-M (A) and accordingly, the existing "Pension Rules shall not be applicable to Government employees appointed or brought on regular establishment, on or after 01.01.2010"
ii. The following shall be added as Article 240-GG below Article 240-G: "Article 240-GG. The provisions regulating grant of gratuity and deathcum-retirement gratuity contained in Article 240- B to Article 240-B shall not be applicable to Government employees appointed to the service/ posts of the State or brought on regular establishment on or after 01.01.2010." iii. The following shall be added as Note below Art. 249-A. Note: The [6] T.A. No. 1272 of 2021 provisions of Chapter XIX-A shall not be applicable to the State Government Employees appointed to the service/ posts of the State or brought on regular establishment on or after 01.01.2010. iv. The following shall be added after the above "Note" as Chapter XIX-AA, under the caption "defined contributory pension scheme. 249-M (B) Entrants to State Government joining Government service on or after 01.01.2010 shall be governed by the Defined Contributory Pension Scheme as contained in Schedule XXXIll of these Regulations." v. (a). in Schedule XV, the following shall be inserted as Rule3-А: v). "3A. These Rules shall not be applicable to Family members of Government employees appointed to the service/ posts of the State or brought on regular establishment on or after 01.01.2010, hence, with effect from the date of commencement of Defined Contributory Pension Scheme as per Art. 249- M(B), no family Pension/ Death Cum Retirement Gratuity Service gratuity shall be admissible in favour of family members of such government employees as have been appointed on or after 01.01.2010 and thereafter may die in harness or after retirement. (b). The exciting rule 3A shall be renumbered as rule 3AA. vi. A new schedule shall be inserted as schedule XXIII after Schedule XXII as per Annexure-A of this notification:
vi. In the Rules regulating general provident fund forming appendix C/XVI-A, the following shall be inserted as Rule 3A below rules 3: "3-A the provisions of rule 1 above shall Digitally signed by ABHISHEK PUNIA not be applicable in respect of Government servants ABHISHEK appointed on any post/ service of the State or brought on DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, CN= ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
regular establishment on or after 01.01.2010. All such Date: 2026.04.09 09:59:10+05'30' Foxit PDF Reader Version: 2025.2.0 employees shall be governed by Tier-ll account of Defined Contributory Pension Scheme as per Article 239-M (b).
7. Learned counsel for the applicants submits that due to the amendment made in Article 167 of the J&K Civil Service Rules, the applicants are deprived of the pension benefits which existed prior to the amendment. He submits that the regularization orders were effected in favour of the applicants prospectively, i.e., from 12.05.2015, which deprived the applicants of the benefits provided [7] T.A. No. 1272 of 2021 under the Old Pension Scheme.
8. Learned counsel for the applicants further submits that the grievance of the applicants is that the applicants were regularized prospectively, i.e., 12.05.2015, and not from the date of their initial appointment on contractual basis. He submits that the appointment was made by way of an advertisement notice after a selection procedure constituted under the J&K Contractual Appointment Rules, 2003. He further submits that the applicants were appointed in the year 2006, and not after 01.01.2010, as such, neither Article 167 exception (6) of the J&K Civil Service Rules nor the J&K Defined Contributory Pension Scheme, 2010, will apply to the applicants. He submits that the words, ".... the existing Digitally signed by ABHISHEK PUNIA ABHISHEK "Pension Rules shall not be applicable to Government employees DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, CN= ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.09 09:59:10+05'30' Foxit PDF Reader Version: 2025.2.0 appointed or brought on regular establishment, on or after 01.01.2010", will not include in its ambit the applicants.
9. It is further stated in the O.A. that only those persons would be entitled to regularization who fulfill the conditions laid down in Section 5 of the J&K Civil Services (Special Provisions) Act, 2010, and one of the conditions is that ad hoc/ contractual/ consolidated appointees have been appointed against a clear vacancy or post. [8] T.A. No. 1272 of 2021 Learned counsel submits that once the applicants were appointed against a clear vacancy or post, as such, the applicants were already on regular establishment but were holding the ad hoc / contractual / consolidated posts.
10. The grievance of the applicants, as stated, is that they were entitled to regularization from the day they entered the service after facing the selection process and are governed by the Pension Rules existing prior to SRO 400 dated 24.12.2009.
11. Reply stands filed in the matter. It is averred in the reply that the terms and conditions of the contractual appointment were that the contractual appointment shall be for a period of one year or till selection is made by J&K State Public Service Digitally signed by ABHISHEK PUNIA ABHISHEK Commission, and that the contractual appointment shall not DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, CN= ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.09 09:59:10+05'30' Foxit PDF Reader Version: 2025.2.0 entitle the appointee to any preferential claim for regular appointment under the normal process of selection. It is further averred that ninety-one (91) ad hoc/ contractual/ consolidated employees including applicants herein were regularized vide order dated 21.05.2015. Further, vide SRO 400 notified on 24.12.2009, the State Government Employees appointed and brought on regular establishment on or after 01.01.2010 are governed by the [9] T.A. No. 1272 of 2021 New Pension Scheme, as such, the applicants are governed by the New Pension Scheme.
12. Learned counsel for the applicants submits that the T.A. can be disposed of in the light of the judgment passed by Hon'ble High Court of J&K in SWP No. 2147/2017 titled as Ulfat Ara & Ors. v. State of J&K & Ors. on 11.07.2018 along with other connected petitions, as the same squarely covers the case of the applicants.
13. Heard.
14. At the request of learned counsel for the applicants, the T.A. is taken up for its disposal.
15. The instant T.A. is disposed of by providing that the respondents shall consider and decide the case of the applicants, Digitally signed by ABHISHEK PUNIA ABHISHEK in accordance with law, strictly keeping in view the eligibility and DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, CN= ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.09 09:59:10+05'30' Foxit PDF Reader Version: 2025.2.0 entitlements of the applicants. While disposing of the same, the respondents shall also take note of the judgment referred above in SWP No. 2147/2017, whereby, as stated, such benefit has been accorded in favour of other similarly situated employees; and the same shall be accorded in favour of the applicants, if they are squarely covered by the said law, and if there is no legal impediment. The above exercise shall be done by passing a [10] T.A. No. 1272 of 2021 speaking and reasoned order within a period of eight weeks from the date a certified copy of this order is served upon the respondents. Needless to mention that this Court has not expressed any opinion on the merits of the case or the eligibility of the applicants, which shall be decided by the respondents in accordance with rules and regulations.
16. Accordingly, T.A. No. 1272/2021 is disposed of along with all connected M.A.s, if any.
17. No order as to costs.
(Prasant Kumar) (M.S. Latif)
Member (Admn.) Member (Judl.)
ABHISHEK
Digitally signed by ABHISHEK PUNIA
DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= Abhishek Punia Court Master b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, CN= ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.09 09:59:10+05'30' Foxit PDF Reader Version: 2025.2.0 07.04.2026