The Government Does Not Get To Pick The Date You Became Permanent
A Full Bench was set up because two benches of this Court had said different things about when regularisation takes effect. It has now answered, and overruled part of both.
The Court held that the right to regularisation arises as soon as an employee fulfils the conditions in Section 5, and cannot be postponed to the date the formal order is issued, nor until 150 days have run. Section 10 is only procedural. Abdul Majid Magray was overruled in part and Rabia Shah approved in part and overruled in part. The ruling is prospective and settled cases will not be reopened.
- The date is when you qualified, not when the file moved.
- Section 10 is a timetable, not a condition. Its 150 days cannot be read into Section 5.
- Neither earlier judgment was wholly right, and the Full Bench said so of both.
- Prospective effect — it applies to pending and future cases; closed ones stay closed.
- Court
- High Court of Jammu & Kashmir and Ladakh at Jammu
- Bench
- Justice HON'BLE THE ACTING CHIEF JUSTICE, Justice HON'BLE MR. JUSTICE MOHD. YOUSUF WANI
- Citation
- LPA No. 70 of 2022 (Full Bench)
- Case
- LPA No. 70 of 2022 (Full Bench)
- Decided
- 11 August 2026
- Outcome
- Reference answered; matter remitted to the Division Bench
Why a Full Bench was needed
A Division Bench referred the matter on 11 September 2024, noticing a conflict of opinion between two judgments of coordinate benches of equal strength on the interpretation and effect of Section 5 of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010, and particularly its first proviso.
What the Full Bench held
The proviso does not permit the Government to decide the date of regularisation of an eligible ad hoc, contractual or consolidated appointee. It must be read with the main provision of Section 5, and cannot mean the Government may choose any date at its discretion.
Section 10 is only procedural. It lays down the procedure and time frame for processing regularisation cases, and its period of 150 days cannot be read into Section 5 to fix the effective date.
The right to regularisation arises as soon as an employee fulfils all the conditions prescribed under Section 5, and cannot be postponed until 150 days expire.
What happens to the earlier judgments
Neither Abdul Majid Magray nor Rabia Shah stated the correct legal position in its entirety.
Abdul Majid Magray is overruled to the extent it holds that regularisation takes effect only from the date the formal order is issued.
Rabia Shah is approved insofar as it holds that the Government cannot postpone regularisation at its own will and that the right accrues on fulfilment of the statutory conditions; it is overruled to the extent it holds that regularisation becomes effective only after 150 days by reading Section 10 into Section 5.
The judgment has prospective effect and applies to pending and future cases. Cases already settled or finally disposed of will not be reopened.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
From what date is a regularisation effective?
From the date the employee fulfilled the conditions under Section 5, not the date the formal order issued.
Does the 150-day period in Section 10 delay it?
No. The Full Bench held Section 10 is procedural and cannot be read into Section 5.
Fixing the date your client's regularisation takes effect
- Identify the date every Section 5 condition was met; that is the date to plead.
- Do not concede the 150 days in Section 10 — it is procedure, and cannot move the effective date.
- Check whether your matter is pending; the ruling is prospective and will not reopen a closed case.
- Work out the consequential arrears and seniority from the accrual date, not the order date.
Source. High Court of Jammu & Kashmir and Ladakh at Jammu, LPA No. 70 of 2022 (Full Bench), decided 11 August 2026 by Justice HON'BLE THE ACTING CHIEF JUSTICE, Justice HON'BLE MR. JUSTICE MOHD. YOUSUF WANI. This explainer is written from the judgment text as reported.
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