Srinagar, Oct 17: The Jammu and Kashmir and Ladakh High Court has ruled that eligible ad hoc, contractual and consolidated employees covered under the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010, are entitled to regularisation upon fulfilling statutory conditions, and that administrative delays cannot arbitrarily deprive them of the benefit.

A Full Bench comprising Acting Chief Justice Sanjeev Kumar, Justice Sanjay Dhar and Justice Mohd Yousuf Wani held that the 150-day period prescribed under Section 10 of the Act is procedural and does not determine the effective date of regularisation.
The judgment, delivered on August 11, 2026, in LPA No. 70/2022, resolves conflicting interpretations by two earlier Division Benches regarding the effective date of regularisation under Section 5 of the Act.
The reference arose in UT of Jammu and Kashmir through Commissioner Secretary to Government, Forest Ecology Department versus Neeru Pandita.
Under Section 5, employees must fulfil prescribed conditions, including appointment against a clear vacancy, possession of requisite qualifications, continuation in service on the appointed day, absence of specified pending disciplinary or criminal proceedings, and completion of seven years of service in the relevant capacity.
The Bench clarified that employees who had completed seven years of service and met the other statutory requirements on April 28, 2010, were entitled to regularisation from that date. Those completing seven years later would become eligible upon fulfilling the required service period and other conditions.
The court observed that the government cannot indefinitely postpone regularisation by delaying formal orders. The 150-day period under Section 10 facilitates scrutiny and processing of cases through the Empowered Committee and does not constitute an additional waiting period once eligibility is established.
The ruling resolves conflicting views in Rabia Shah versus State of Jammu and Kashmir, decided on May 19, 2015, and Abdul Majid Magray versus State of Jammu and Kashmir, decided on May 18, 2022.
In Rabia Shah, the court had held that regularisation could take effect 150 days after eligibility accrued. The interpretation was followed in subsequent cases, including State of Jammu and Kashmir versus Afaq Rasool Gadda and State of J&K versus Ulfat Ara.
However, in Abdul Majid Magray, another Division Bench held that regularisation could take effect only from the date of the formal order, irrespective of when the employee completed the required service.
The Full Bench also considered the judgment in Dr Muneeb Iqbal versus Union Territory of Jammu and Kashmir, delivered on February 10, 2025, and the Supreme Court's ruling in State of Jammu and Kashmir versus Mohd Syed Parray.
The High Court clarified that the administrative procedure under Section 10 must be read alongside the eligibility requirements under Section 5. While prescribed verification and approval procedures remain mandatory, administrative delay alone cannot deprive eligible employees of regularisation from the legally applicable date.
The judgment will apply prospectively to pending and future cases, while matters that have attained finality will not be reopened. The case has been referred back to the appropriate Division Bench for further proceedings in accordance with the ruling.