Dismissed

Mehrun Nisa v. Ut of J and K Th Commissioner Secretary Health and Medical Education Department and Others

J&K HC2 Sept 2026WP(C)/2725/2026

Case brief

AI extract

What is this about?

This High Court dismissed in limine a writ petition by an X-Ray Technician challenging an order requiring her return to her original contractual post. The court held the shifting was an administrative arrangement without vesting any entitlement to the new location.

What did the court decide?

Writ petition dismissed in limine; petitioner ordered to revert to original place of posting.

Mehrun Nisa Vs Ut of J and K Th Commissioner… — Pension and Retirement Benefits | J&K HC (2026)

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Serial No. 173 Supplementary List-1

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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Pronounced on : 02.09.2026 Uploaded on : 11.09.2026

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WP(C) No. 2725/2026 CM No. 5986/2026

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Mehrun Nisa

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…..Petitioner

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Through: Mr. Firdous Tak, Advocate Mr. Yassar Mushtaq Nizami, Advocate

UT of J&K & Ors.

.….Respondents

Through: Mr. Raman Sharma, AAG with Ms. Saliqa Sheikh, Assisting Counsel

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CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (02.09.2026)

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01. In response to an Advertisement Notice No. NRHM/1590

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dated 08.10.2012 read with Notice No. 02 of 2013 dated 12.02.2013 , issued by the Chairman District Health Society, Doda, the petitioner had come to apply for engagement as an ‘ X-Ray Technician ’ at CHC Thathri, in block Thathri, District Doda on contract basis for a plan period i.e., 31^st March, 2013 on a consolidated pay under the National Rural Health Mission (NRHM).

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02. The petitioner came to be engaged, as such, by virtue of an order No. NRHM/2012-13/1967-71 dated 15.03.2013, Page 1 of 5 WP(C) No. 2725/2026

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passed by the Chief Medical Officer as being the Vice Chairman Rural Health Society, Doda, on the basis whereof the petitioner is said to have continued on consolidated contractual basis of engagement as ‘ X-Ray Technician ’ at CHC Thathri .

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03. The petitioner had made a representation for her deployment to PHC/UHTC Ghat, District Doda, as ‘ X-Ray Technician ’. In consideration of her said representation, by virtue of an order No. 269 of 2026 dated 06.01.2026 the petitioner came to be shifted from CHC Thathri, District Doda to PHC/UHTC Ghat, District Doda.

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04. By virtue of an order No. 74-SHS of 2026 dated 10.07.2026 , after having spent almost six months of deployment at PHC/UHTC Ghat, District Doda, the petitioner was meant to be recalled back to her original place of engagement as ‘ X-Ray Technician ’ at CHC Thathri .

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05. The petitioner rushed to this Court with a writ petition WP(C) No. 2320/2026 challenging order No. 74-SHS of 2026 dated 10.07.2026 , whereby her deployment as ‘ X-Ray Technician ’ at PHC/UHTC Ghat, Block Ghat, District Doda was brought to an end and meant the petitioner to discharge her duty as ‘ X-Ray Technician ’ at CHC Thathri, Block Thathri, District Doda .

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06. Said Writ Petition No. 2320/2026 came to be disposed of by this Court by virtue of an order dated 28.07.2026 with a

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Page 2 of 5

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WP(C) No. 2725/2026

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direction to the writ respondents to treat the writ petition as a representation made from the end of the petitioner and consider and decide the same in accordance with the applicable rules and laws.

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07. In compliance to the directions as given in order dated 28.07.2026 of this Court, the National Health Mission, J&K, acting through its Mission Director, came forward with an order No. 114-SHS of 2026 dated 20.08.2026, rejecting the petitioner’s plea for retaining her engagement/deployment at PHC/UHTC Ghat, District Doda as against her original place of engagement as ‘ X-Ray Technician ’ at CHC Thathri,

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District Doda .

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08. A bare perusal of order No. 114-SHS of 2026 dated 20.08.2026, passed by the Mission Director, National Health Mission, J&K, would show that the stopgap shifting of the petitioner from CHC Thathri to PHC/UHTC Ghat, District Doda, was an administrative arrangement made in the circumstances prevailing at the relevant point of time and, thus, was never meant to vest any entitlement to the petitioner to continue to work as ‘ X-Ray Technician ’ at

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PHC/UHTC Ghat, District Doda .

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09. The petitioner, through the medium of this petition filed under Article 226 of the Constitution of India, is now assailing the outcome in the form of consideration order No. 114-SHS of 2026 dated 20.08.2026 read with order No. 74-SHS of

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Page 3 of 5

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WP(C) No. 2725/2026

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2026 dated 10.07.2026 also passed by the Mission Director, National Health Mission, J&K, in terms whereof, all the orders and re-posting of officials came to be rescinded so as to bring the incumbent/s to his/her/their original place of posting/s.

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10. The petitioner cannot be heard to have any grievance against very consideration order No. 114-SHS of 2026 dated 20.08.2026 for the simple reason that she had opted with her eyes and ears open to the advertisement whereby selection for ‘X-Ray Technicians’ for CHC Thathri, was put up for the selection process and she intended to avail it and actually availed it. Therefore, the petitioner is supposed to serve at the same very centre subject to the administrative exigencies which are absolutely in the discretion of the National Health Mission, Directorate, J&K.

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11. This Court cannot loose sight of fact that the inhabitants of far-flung areas of the Union Territory of J&K, particularly of the region of District Doda which is predominantly a mountainous region, are meant to be provided with health care facilities nearby health care centres without compromising with efficiency.

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12. The petitioner’s posting as ‘X-Ray Technician’ is too essential to admit of any relaxation and absence from CHC Thathri.

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13. This Court is strengthened in its assessment of the situation by an input made by Mr. Raman Sharma, learned AAG, that under National Health Rural Mission Project, CHC Thathri ,

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Page 4 of 5

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WP(C) No. 2725/2026

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has two ‘ X-Ray Technicians ’ posts and at present only one of them is reporting for duty and the post meant to be served by the petitioner is vacant and therefore, one man is doing the job of two persons on a 24X7 basis.

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14.

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This Court finds no scope to entertain this writ petition on the purported grievance of the petitioner against her reversion to her original place of post as ‘ X-Ray Technician ’ at CHC Thathri , as such, the present writ petition along with connected application(s), is dismissed in limine , at this very

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stage.

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(RAHUL BHARTI)
JUDGE
JAMMU
02.09.2026
SUNIL
Whether the order is speaking ? : Yes/No
Whether the order is reportable ? : Yes/No

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Page 5 of 5

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WP(C) No. 2725/2026

Mehrun Nisa v. Ut of J and K Th Commissioner Secretary Health and Medical Education Department and Others

Case brief

What is this about?

What did the court decide?

Mehrun Nisa v. Ut of J and K Th Commissioner Secretary Health and Medical Education Department and Others

Case brief

What is this about?

What did the court decide?

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