##PAGE1##

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINIAGAR WP(C ) 1663/2024 Reserved on: 13.10.2026 Pronounced on: 30.10.2026 Uploaded on: 31.10.2026 Whether the operative part or full judgment is pronounced: Full

1. Zareena Akhter, Age 35 …Petitioner(s)/Appellant(s).

Years D/o Abdul Gaffar Paul R/o Ompora Budgam.

2. Tanveer Ahmad Wani, Age

25 Years S/o Abdul Ahad Wani R/o Ompora Budgam.

Through: Mr. Ahmad Javid, Advocate Vs.

1. Union of India through Secretary to Railway Department, Rail Bhawan, New Delhi, Pin Code: 110001;

2. Divisional Manager, Northern Railways at Ferozpur Cantt.

Punjab, Pin Code: 152116;

3. Sr. Divisional Personnel Officer, Northern Railways at Ferozpur, Punjab; Pin Code:

152116;

4. Chief Area Manager, Railway Yard Ompora Budgam.

...Respondent(s).

Through: Mr. Faizan Ahmad Ganai, CGC vice Mr. T.M. Shamsi, DSGI CORAM:HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE

JUDGEMENT

30.10.2026 Facts of the Case

1. The petitioners have approached this Court by way of the instant writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to issue formal engagement orders in their favour under the land-loser quota, with a further direction to extend to them the same treatment as has allegedly been extended to similarly situated persons, including retrospective consideration of their cases.

2. The case set up by the petitioners is that the respondents acquired approximately four kanals of land belonging to the family of petitioner No. 1 and one kanal of land belonging to the father of petitioner No. 2 at Ompora, Budgam, for the construction of a railway yard and workshop. According to the petitioners, the respondents, in addition to payment of compensation, had been providing employment to eligible members of families whose land had been acquired for the said purpose.

3. Insofar as petitioner No. 1 is concerned, it is pleaded that her brother was considered for appointment under the land-loser quota and was initially found suitable for the post of Trackman upon screening conducted on 12.08.2009. However, upon medical examination, he was declared unfit for all categories vide communication dated 28.10.2009. The matter was thereafter taken before the Court of the learned Sub-Judge, Budgam, which, vide order dated 20.09.2017, directed further medical examination. Pursuant thereto, a fresh medical board was constituted, which again declared him unfit for all categories on 14.02.2018.

4. The petitioners further plead that the respondents, vide communication dated

17.07.2012, had advised the father of petitioner No. 1 that another ward of the family could be considered for appointment under the land-loser quota. Accordingly, the name of petitioner No. 1 was forwarded for consideration.

However, despite the representation dated 28.03.2018 and the subsequent submission of requisite documents, her case was not finalised.

5. With respect to petitioner No. 2, it is pleaded that the land belonging to his father was acquired in the year 1999–2000 and that his father's name figured at Serial No. 76 in a selection list published in the newspaper Srinagar Times. The petitioners contend that his father could not join service on account of being illiterate and overage, whereafter the documents of petitioner No. 2 were submitted for consideration under the land-loser quota. The respondents, however, dispute the assertion that the father's case had earlier been received for appointment and state that the case of petitioner No. 2 was received in the year 2023, nearly 23 years after the acquisition of the land.

6. The petitioners further rely upon a communication dated 03.07.2024, which, according to them, reflects that 29 cases of land losers were under process in the Ferozepur Division. On the strength of the aforesaid facts, they allege arbitrary and discriminatory treatment at the hands of the respondents, particularly when, according to them, similarly situated persons