Serial No. 50 Supp. Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(1317/2025) IN WP(C) 536/2025 Mohammad Mussa & Ors. … Petitioner/Appellant(s) Through: Mr. Hilal Ahmad Wani, Advocate Vs. Union Territory of J&K and Ors. ...Respondent(s) Through: Mr. T. M. Shamsi, DSGI CORAM: HON’BLE MR. JUSTICE ATUL SREEDHARAN, JUDGE HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE ORDER 13.03.2025 1. The present petition has been filed by the petitioner who is aggrieved by the Order dated 18.02.2025 whereby, the OA filed by the petitioners was dismissed. 2. The brief facts of the case are as follows: 3. The order impugned before the Central Administrative Tribunal, Srinagar was dated 27.01.2024 wherein the Chief Education Officer, Kargil, based upon the recommendation of the Committee/Board reviewing the medical board cases of employees of the School Education Department, UT of Ladakh, of the District Kargil who were attached outside the UT of Ladakh (Jammu/Srinagar) on medical grounds as per the directions passed by the Hon’ble CAT at Srinagar were ordered to be detached and directed to return to their original place of posting. 4. Before the CAT the petitioners’ case was that the impugned order dated 27.01.2024 was bad in law as the same was issued without taking into cognizance the medical conditions which cannot be adequately treated at Kargil. 5. The undisputed fact is that the petitioners are all employed by the Education Department of the Government of UT of Ladakh which is unable to take their services as they were attached outside the UT of Ladakh even before the bifurcation of the State into two Union Territories. 6. Learned counsel for the respondents has also stated that some of the petitioners were even attached to departments which had no relation to their original order of appointment with the Education Department. 7. Learned counsel for the petitioner while challenging the impugned order passed by the CAT which dismissed the OA has stated that interim order passed earlier by CAT had directed the constitution of a Medical Board which never happened and it had further directed that until and unless the report of the Medical Board was considered, the petitioners shall not be disturbed from their place of attachment. 8. It is the case of the petitioners that the Medical Board not having been constituted, the documents that have been relied upon by the respondents which is in tabulated form giving incorrect information about the ailment of the petitioners and which report was relied upon by the Central Administrative Tribunal while dismissing their petition and upholding the impugned order before it, was a grave error on the part of the Central Administrative Tribunal. 9. Yesterday when the matter was being heard, this Court granted time to the respondents to produce the opinion of the Medical Board which was allegedly constituted after the passing of the interim order by the CAT. 10. Admittedly, no such documents exists as no such specific document pertaining to the opinion of the Medical Board with regard to each of the petitioners have been produced, it is being the same tabulated sheet which has been produced by the respondents yesterday. For illustration, this Court is referring to the case of Mohammad Mussa who is at serial No. 20 where the affliction is referred to by the chart as the petitioner is suffering from Pulmonary Fibrosis with Mild Obstructive Sleep Apnea. However, the document which has been annexed along with the petition is a medical certificate issued to the petitioner Mohammad Mussa by the Government Specialty Hospital at Srinagar which shows that he is suffering from Multiple Myeloma which is Cancer. There is no reference in the chart relied upon by the authority while passing the impugned order which reflects that the petitioner - Mohammad Mussa who is at serial No. 20 is suffering from Cancer. 11. The situation as of now is that the petitioners are drawing their salary from the UT of Ladakh as earlier also. However, they are attached in the UT of J&K. The UT of Ladakh is unable to take their services as long as they are in attachment to the UT of Jammu & Kashmir. The UT of J&K is also not utilizing their services as it cannot do so. Further learned counsel for the petitioners also stated that the petitioners are attached at Kargil House at Srinagar which is a part of the Government of UT of Ladakh. However, the undisputed fact remains that the petitioners are drawing salary without discharging any service. 12. Under the circumstances, ex debito justitiae, this Court is satisfied that this petition can be disposed of with the directions given below:  In all such cases where the employees of the UT of Ladakh are in attachment/deputed with the UT of J&K or outside their parent department in the Union Territory of Ladakh and are not able to render their service in the Union Territory of Ladakh on medical grounds, the UT of Ladakh shall constitute a Medical Board within a period of ten (10) days which shall examine every individual case and depending upon their afflictions, detach them and post them within the UT of Ladakh as per its best judgment. However, till the Medical Board arrives at such conclusion after the examination of each and every individual case, the order of detachment shall not be passed. 13. The writ petition is disposed of. (PUNEET GUPTA) (ATUL SREEDHARAN) JUDGE JUDGE SRINAGAR: 13.03.2025 “Shoaib”