SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(CAT) 3856

CENTRAL ADMINISTRATIVE TRIBUNAL
D.S. Mahra, J, Prasant Kumar, A
Noor Mohd Zaboi – Appellant
Versus
Uts Jammu And Kashmir – Respondent
O.A./1001/2024



Advocates:
M/S. P. S Ahmad, Advocate for applicants. Mr. Numan Idrees Malik, GA, for respondents

The court mandated that the respondents must consider the applicants' claim for regularization based on a prior judgment, ensuring a reasoned decision within a specified timeframe.

Headnote:(A) Industrial Training Institutes - Regularization of instructors - Applicants appointed on consolidated pay since 2009 - Claim for regularization covered by prior judgment of Tribunal dated 22.10.2024 - Respondents directed to consider representation dated 06.11.2024 within stipulated period. (Paras 2, 3, 6)

(B) Administrative Law - Duty to consider representations - Respondents must pass a speaking and reasoned order in light of applicable rules and prior judgments. (Paras 6, 7)

Facts of the case:
Applicants were appointed as instructors in various trades in Industrial Training Institutes in 2009 and have continuously worked in those positions. They sought regularization based on a previous Tribunal judgment.

Findings of Court:
The court directed the respondents to consider the applicants' representation for regularization in accordance with the rules and prior judgment.

Issues: The main issue was whether the applicants' claim for regularization was justified based on the previous judgment.

Ratio Decidendi: The court emphasized the necessity for the respondents to consider the applicants' representation and to issue a reasoned order, reinforcing the principle of fair administrative action.

Result: OA No: 1001/2024 is disposed of accordingly.

ORDER (ORAL)

D.S. MAHRA, M[J]

1. Learned Counsel for both the parties are present.

2. Learned counsel for the applicants has submitted that the applicants were initially appointed on consolidated pay on academic arrangment as instructors in different trades in different Industrial Training Institutes of the valley in the year 2009, for the sessions 2008- 2009. It is further submitted by the learned counsel for the applicants that they are continuously working on the said posts till date. The learned counsel for the applicants contended that the claim of the applicants is squarely covered by the judgment passed by this Tribunal on 22.10.2024, in T.A No. 8198/2020 . The learned counsel for the applicants has further stated that the applicants have made representation on 06.11.2024, which is still pending for consideration before the respondents.

3. The learned counsel for the applicants has fairly submitted that it will suffice, if the respondents are directed to consider the claim of the applicants for their regularization on the posts of instructors in light of the judgment passed on 22.10.2024, within a stuplated period.

4. Mr. Numan Malik, GA, appeared vice Mr. Mohammad Rais, Dy. AG, for Respondents.

5. Heard and considered the material available on record.

6. In view of the limited prayer made by the learned Counsel for the applicants, without commenting upon the merits or otherwise of the case, the respondents are directed to consider the representation of the applicants dated 06.11.2024, in accordance with rules, specially in light of the judgment passed by this Tribunal on 22.10.2024, in T.A No. 8198/2020 , by passing a speaking and reasoned order, within a period of two months from today.

7. With this, OA No: 1001/2024 is disposed of accordingly.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top