Excelsior Correspondent
JAMMU, Aug 11: The Central Administrative Tribunal (CAT), Jammu Bench, comprising Member (Judicial) Rajinder Singh Dogra and Member (Administrative) Ram Mohan Johri, has granted relief to Dr Muzaffar Hussain Mintoo, a Medical Officer from Kishtwar, who was regularised in October 2014-two years after his juniors-despite holding a higher position in the merit list issued by the Health and Medical Education Department.
Appointed on a contractual basis in December 2001 under the Indian System of Medicines, Dr Mintoo’s name appeared at Serial No. 62 in the select list, while several colleagues ranked between 70 and 132 were regularised on January 20, 2012 under the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010. He argued that the delay, despite his case being cleared by the Empowered Committee in 2011, was arbitrary and violative of Articles 14 and 16 of the Constitution, costing him seniority, arrears, and promotion prospects.
The Government contended that the delay was due to the late verification of his domicile and educational certificates and maintained that under the proviso to Section 5 of the Special Provisions Act, regularisation takes effect only from the date of the order. However, the Tribunal noted that allowing juniors to be regularised ahead of seniors purely because of administrative inaction undermines fairness and equality in public service.
Observing that the State must act as a “model employer” and avoid arbitrary treatment of employees, the Tribunal held that seniority rights cannot be defeated by procedural lapses. The case highlights recurring disputes over seniority and service benefits under the Special Provisions Act, particularly in cases where administrative delays have altered the rightful order of regularisation.
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