Authority: High Court of Jammu & Kashmir and Ladakh at Srinagar
Order Date: 11 September 2026
Case Overview
- Parties: Petitioner Suriya Bano (outsourced Multi‑Tasking Staff) vs. Union Territory of Jammu & Kashmir and related health authorities (Commissioner/Secretary Health and Medical Education Department, Mission Director NHM J&K, District Development Commissioner, District Health Society, Chief Medical Officer, Medical Superintendent Sub‑District Hospital Kupwara, Block Medical Officer Kupwara).
- Petition Details: Sought quash of communication No. CMOK/NHM/Kup/802-05 dated 28 July 2026 directing disengagement of all outsourced MTS engaged through M/S COMTECH Info Solutions Private Limited, alleging selective termination and requesting continuation of her post as Data Entry Operator.
- Background: Petitioner was sponsored by M/S COMTECH Info Solutions Private Limited, selected for MTS post, and instructed to submit joining report for appointment (reference No. CIS/2024-25/80 dated 31 Aug 2024). She submitted joining report on 2 Sep 2024 and was deputed to the Block Medical Officer, Kupwara.
- Respondent Arguments: Petitioner is not on respondents’ payroll, salary/wages are paid by COMTECH, and the National Health Mission had not approved such staff for FY 2026‑27; therefore respondents cannot be sued and the petition is not maintainable.
- Court Reasoning: The court held that the petitioner’s services were provided under an outsourcing contract between the respondents and COMTECH; there is no direct employer‑employee relationship or contract between the petitioner and the respondents, leaving no cause of action.
Final Outcome
- The petition is dismissed in its entirety, along with the connected CM. The interim status‑quo direction dated 7 September 2026 is vacated.
Topics: Legal Dispute, Employment Law