Authority: High Court of Jammu & Kashmir and Ladakh, Acting Chief Justice (Acting) Hon'ble Mr. Justice Mohd. Yousuf Wani and Justice Sanjeev Kumar

Order Date: 27 August 2026

Case Overview

  • Parties: Director General J&K Funds Organisation (appellant) represented by Ms. Maha Majeed, assisting counsel to Mr. Mohsin Qadri, Sr. AAG, versus Neelofar J&K & Ors. (respondents) with no counsel.
  • Nature of Proceeding: Application under Clause 12 of the Letters Patent seeking condonation of delay in filing an appeal against an order and judgment dated 20 September 2017 passed by a learned Single Judge of this Court (the Writ Court) in SWP No. 407/2015 titled Neelofar Jan & Anr. Vs. State of J&K & Ors.
  • Delay: The appeal was filed 543 days after the prescribed period.
  • Background of Dispute: The respondents were engaged by the Department of Finance as Assistant Compilers on an ad‑hoc basis per an order dated 14 March 1997. They completed seven years of service on 14 March 2004, thereby having more than seven years of service at the commencement of the J&K Civil Services (Special Provisions) Act, 2010. Consequently, they were entitled to regularisation effective 26 September 2010. However, they were regularised later by the appellants through Government Order No. 19‑F of 2015 dated 04 February 2015, applied prospectively.
  • Writ Court Decision: The Writ Court allowed the respondents’ challenge to the Government Order and directed the appellants to give effect to the regularisation of the respondents with effect from 26 September 2010.
  • Full Bench Reference: The court observed that the issue is now covered by a Full Bench judgment dated 11 August 2026 in LPA No. 70/2022 titled UT of Jammu and Kashmir Vs. Neeru Pandita. That judgment is prospective and does not reopen cases already decided.

Final Outcome

  • The Court, while not fully convinced by the explanation for the delay, condoned the 543‑day delay in filing the appeal in the interest of justice.
  • The appeal is dismissed as having no merit; the respondents’ entitlement to regularisation effective 26 September 2010 is upheld.
  • The order is disposed of.

Topics: Legal; Civil Service Regularisation