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High Court of Jammu and Kashmir · body

2026 DAILYLAW 3484 (JK)

SONIKA SHARMA v. M RAJU, COMMISSIONER SECRETARY HEALTH AND MEDICAL EDUCATION DEPARTMENT, JAMMU AND ANOTHER

CCP(S)/286/2026 · 2026-09-28

Moksha Khajuria Kazmi

Writ Petition (Civil)body2026

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CCP(S) No. 286/2026 in WP(C) No. 2427/2026 Sonika Sharma ….. Petitioner(s)/Appellant(s) Through: Mr. Siddhant Gupta, Advocate q vs M. Raju, Commissioner Secretary Health and Medical Education Department, Jammu and Anr. .…. Respondent(s) Through: Ms. Saliqa Sheikh, Advocate vice Mr. Raman Sharma, AAG Coram: HON’BLE MR. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 28.09.2026 01. In this petition, petitioners herein alleged non-compliance of the order dated 05.08.2026 in WP(C) No. 2427/2026 titled “Sonika Sharma vs. UT of J&K and Ors.”. 04. The aforesaid direction is issued on compassionate grounds in the light of the averments pleaded in the instant petition. Learned counsel for the petitioner further submits that the petitioner has projected exceptional circumstances through the medium of the instant petition, which deserve due weightage while considering the case of the petitioner. Accordingly, it is clarified that the respondent No. 2 shall accord due consideration to the case of the petitioner in the light of the averments pleaded in the instant petition and the record produced along with the same, strictly in accordance with law, within the aforesaid period and the order of consideration, which is likely to be passed be forwarded to the petitioner by the said respondent through registered post. 02. Compliance report stands filed by the respondents, wherein, it has been stated that in compliance with the order dated 05.08.2026, a detailed consideration order has been passed by the respondents. Under the said order, in view of the medical condition recorded by the District Medical Sr. No. 86 2 CCP(S) No. 286/2026 in WP(C) No. 2427/2026 Board, the petitioner has been advised to avail medical leave as admissible under the applicable provisions governing contractual NHM personnel, subject to the production of prescribed medical documentation and observance of the procedure applicable thereto, thereby, rejecting the claim of the petitioner for her transfer to Jammu or to nearby area. 03. Respondents have implemented the order passed by this Court in its letter and spirit. The contempt proceedings are accordingly closed, with liberty to the petitioner to seek revival of the instant contempt petition, if the cause survives, otherwise. (Moksha Khajuria Kazmi) Judge Jammu 28.09.2026 Riya