Early Times Report
JAMMU, Aug 7: In a significant ruling, the Central Administrative Tribunal (CAT), Jammu Bench, has directed the Jammu and Kashmir Government to extend retrospective benefits, including seniority and financial entitlements, to Dr. Samir Mattoo for his tenure as In-charge Director of Health Services, Kashmir, from June 4, 2015.
The judgment, reserved on July 21 and pronounced today, came in response to Original Application No. 1508/2023 filed by Dr. Mattoo, who was represented by Advocate A.P. Singh. The Tribunal, comprising Rajinder Singh Dogra (Judicial Member) and Ram Mohan Johri (Administrative Member), found merit in the applicant's claim for retrospective benefits denied earlier through Government Order No. 575-JK(HME) of 2023 dated July 24, 2023.
The CAT held that the applicant was legally entitled to the benefits from June 4, 2015-the date he was appointed as In-charge Director Health Services, Kashmir-until March 5, 2018, when he was substantively appointed as Director, Family Welfare, MCH, and Immunization, J&K.
Referring to the landmark Supreme Court judgment in Suraj Parkash Gupta v. State of J&K, the Tribunal asserted that once eligibility, availability of vacancy, and actual appointment are established, retrospective regularization and consequential benefits must follow. The Court also noted that similar benefits had previously been extended to other officers such as Dr. Saleem-Ur-Rehman and Dr. Riyaz Farooq.
The respondents, represented by Advocate Sudesh Magotra (AAG), had argued that granting retrospective benefits could revive dormant claims and disturb cadre management across departments. However, the Bench dismissed this argument as speculative and insufficient to deny a legally tenable claim.
Critically, the Tribunal found that the rejection of Dr. Mattoo's claim was in violation of Article 14 of the Constitution, given that similarly placed individuals had been granted retrospective promotions.
Terming the action of the government arbitrary and discriminatory, the Tribunal observed:"This reasoning, however, cannot override the established legal position… the applicant is entitled to all consequential benefits from June 4, 2015."
The Tribunal directed the respondents to carry out the order within eight weeks from the receipt of the judgment.
(JNF) |
