Director General J and K Funds Organisation v. Neelofar Jand and Ors. (Finance Department)

ORDER (ORAL)

27.08.2026

CM No. 3922/2019 in LPA No. 150/2019

¶1This is an application seeking condonation of delay of 543 days in filing appeal under Clause 12 of the Letters Patent to challenge an order and judgement dated 20.09.2017 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.". Objections on behalf of respondent Nos. 1 and 2 are filed.

¶2Having heard learned counsel for the petitioner, we are though not convinced with the explanation tendered for filing the appeal after a delay of 543 days, yet in the larger interest of justice, we condone the delay. Accordingly, application is allowed and delay in filing the appeal is condoned. Serial No. 21

¶3Application stands disposed of.

¶1This appeal under Clause 12 of the Letters Patent is directed against an order and judgment dated 20.09.2017, passed in SWP No. 407/2015 titled "Neelofar Jan & Anr. Vs. State of J&K & Ors.", whereby the respondents have been held entitled to the benefit of regularisation w.e.f. 26.09.2010.

¶2Indisputably, the petitioners were engaged in the Department of Finance vide order dated 14.03.1997 as Assistant Compilers on ad hoc basis. They completed 07 years of service on 14.03.2004 and therefore, had to their credit more than seven years of service as on the date of commencement of J&K Civil Services (Special Provisions) Act, 2010 ["the Act of 2010"]. They were, thus, entitled to the benefit of regularisation immediately with the commencement of the Act of 2010, but were regularised subsequently by the appellants vide Government Order No. 19-F of 2015 dated

04.02.2015 prospectively.

¶3The respondents challenged the Govt. Order (supra) in SWP No. 407/2015, which was allowed by the Writ Court with a direction to the appellants herein to give effect to the regularisation of the respondents w.e.f. 26.09.2010.

¶4The issue, which is sought to be raised in this appeal is no longer res integra and is fully covered by a recent Full Bench judgment Court of this Court dated 11.08.2026 passed in LPA No. 70/2022 titled "UT of Jammu and Kashmir Vs. Neeru Pandita". In terms of the Full

Bench judgment, the petitioners, who had completed more than 07 years of service on the appointed date, are entitled to be regularised with effect from the aforesaid date. However, the judgment delivered on 11.08.2026 is prospective in nature and would not reopen the already decided cases.

¶5In view of the aforesaid, we do not wish to interfere with the judgment passed by the Writ Court. The respondents have been rightly held entitled to the benefit of regularisation w.e.f. 26.09.2010.

¶6For the foregoing reasons, we find no merit in this appeal and the same is, accordingly, dismissed.

(Mohd. Yousuf Wani) (Sanjeev Kumar)

Judge Chief Justice (A)

Jammu

27.08.2026 Vishal Sharma

Whether the order is speaking?

Whether the order is reportable?

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (Through Virtual Mode) Director General J&K Funds Organisation Date of pronouncement: 27.08.2026 Date of uploading: 27.08.2026 …..Appellant(s)/Petitioner(s) Through: Ms. Maha Majeed, Assisiting counsel to Mr. Mohsin Qadri, Sr. AAG vs Neelofar J&K & Ors. .…. Respondent(s) Through: None CORAM: HON'BLE THE CHIEF JUSTICE (ACTING) HON'BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE