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Jammu & Kashmir and Ladakh High Court

Regularisation Defence Had To Match The Earlier Policy-Based Order

The Jammu & Kashmir and Ladakh High Court directed the Power Development Corporation to consider retrospective regularisation from completion of two years’ contractual service, under the policy used to regularise these engineers.

Judge / Bench — Justice Rajnesh Oswal

Its earlier affidavit and regularisation order referred to that two-year policy, without describing the action as a one-time exception to the 2010 Act; the Corporation could not build a contrary defence later. Appropriate orders must follow within three months. The Court did not itself grant the requested retrospective date or all earlier service benefits. For service counsel, the value lies in comparing the administration’s present defence with its prior pleadings and operative orders, while distinguishing a direction to consider entitlement from an actual award of it.

Case — Mohammad Ashraf Ganai and others v. State of J&K and another · SWP 1494/2017 · 8 October 2026 · Srinagar wing

Advocates appearing — Petitioners — Mr. Muzaim Nasir, Advocate, vice Mr. Z A Qureshi, Sr. Advocate. Respondents — Mr. Shahbaz Sikander, AAG.

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