HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CCP(S) No. 775/2019 in WP(C) No. 3720/2019 Parveen Kumar & Ors. …..Petitioner(s) Through: Mr. Achal Sharma, Advocate. Vs Atul Duloo, Commissioner Secretary to Govt. Health and Medical Education Deptt. & Anr. .….Respondent(s) Through: Mr. Raman Sharma, AAG with Ms. Jagmeet Kour, Advocate. CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (31.01.2026) 01. The petitioners, through the medium of the present petition, are seeking implementation of the order dated 10.10.2019 passed by the writ Court, whereby a direction was issued to the respondents to consider the claim of the petitioners for regularization as projected in the writ petition and in terms of judgments reported in 2003 (Supp.) JKJ 93, 2012 (4) JKJ 1051 and having regard to Government Order No. 1285-GAD of 2001 dated 06.11.2001 provided the petitioners are similarly situated and fulfill the eligibility criteria and further provided that the aforesaid judgments and Government Order are applicable to their case. 02. The respondents have filed their compliance report wherein it has been submitted that the claim of the petitioners has Serial No. 09 Regular List 2 CCP(S) No. 775/2019 been considered and a detailed consideration order dated 13.09.2023 stands issued. A copy of the said order has been placed on record. 03. It has been recorded in the consideration order that the Government Order No. 1285-GAD of 2001 dated 06.11.2001 has been modified by virtue of Government Order No. 168-GAD of 2004 dated 09.02.2004. It has been further stated that the cases of the petitioners were examined and considered with reference to judgments reported in 2003 (Supp.) JKJ 93 and 2012 (4) JKJ 1051 and it was found that the said judgments pertained to daily rated workers/daily wagers and not to the category of the adhoc appointees to which the petitioners belong. 04. It has also been stated in the consideration order that in the year 2010, the J&K Civil Services (Special Provisions) Act, 2010 was enacted and the cases of the petitioners along with other eligible employees were processed by the Department and their services were regularized vide different Government orders issued during the year 2012-13. It has further been submitted that in terms of first proviso to Section 5 of the J&K Civil Services (Special Provisions) Act, 2010, the regularization of the eligible adhoc or contractual appointees has to take effect only prospectively and not retrospectively. 3 CCP(S) No. 775/2019 05. It is in the aforesaid circumstances that the respondents have rejected the claim of the petitioners for retrospective regularization. 06. The direction of the writ court was confined only to the consideration of the case of the petitioners for retrospective regularization having regard to judgments referred to therein and the Government Orders indicated in the aforesaid order. 07. The respondents have taken into consideration all these judgments and Government orders while passing the consideration order. Whether the consideration order is legally valid and sustainable is an issue which cannot be gone into by this Court in the contempt proceedings. If at all, the petitioners have any grievance against the consideration order, they have to take resort to appropriate legal remedies. Once the respondents have passed the consideration order, the direction of the writ court stands complied with. 08. In view of the above, the contempt proceedings are closed and the petition is disposed of with liberty to the petitioners to challenge the consideration order by taking resort to appropriate legal remedy. (SANJAY DHAR) JUDGE JAMMU 31.01.2026 Shivalee Shivalee Khajuria 2026.01.31 15.58 I attest to the accuracy and integrity of this document Jammu