Employees cannot be denied salary for work performed unless their appointments are legally declared illegal, emphasizing the principle against 'Begar'.

JUDGEMENT

Sanjeev J

1. Impugned in these petitions are order dated 28.12.2022 passed by the Central Administrative Tribunal, Srinagar Bench [“the Tribunal”] in O.A Nos. 221/2022 titled ‘Muzaffar Ahmad Bhat and others vs. UT of Jammu and Kashmir and others’ and 409/2022 titled ‘Mohd Umar Mochi and ors vs UT of Jammu and Kashmir and others’and order dated 02.06.2023 passed by the Tribunal in OA Nos.09/2023 titled ‘Mohd Sultan Mochi & Others v/s UT of J&K and Ors ’ , 10/2023 titled ‘Tanveer Ahmad Wani &Ors vs UT of J&K &Ors ’ , 11/2023 titled ‘Syed Ahmad & Others vs UT of J&K and Ors’ , 12/2023 titled ‘Ghulam Nabi Sheikh &Ors vs UT of J&K & Ors’, 13/2023 titled ‘Irshad Ahmad Bhat &Ors vs UT of J&K & Ors ’ and 14/2023 titled ‘Tawseef Ahmad Mantoo & Ors vs UT of J&K & Ors’ whereby the Tribunal has allowed the OAs and directed the petitioners herein to pay the salary of the respondents herein (petitioners before the Tribunal) for the work they have performed and also for the work they perform in future.

2. Before we advert to the grounds of challenge urged by Mr. Aman Ali, learned counsel for the petitioners to throw challenge to the impugned orders, we deem it appropriate to briefly notice few material facts.

3. The respondents came to be appointed by the Chief Medical Officers concerned against class-IV posts of Nursing Orderlies/Sweepers/Auxiliary Nurses/Female Nursing Orderlies etc., somewhere in the year 2008 on substantive basis. While they were performing their duties and were being paid their salary regularly, the Directorate of Audit and Inspections, J&K, Srinagar during the year 2012-2013 conducted a special audit in respect of the establishment of Offices of Health Department of Kashmir Division and Deputy Director, Audit and Inspection, Kashmir submitted his report to the Director, Audit and Inspection, Kashmir with the observation that in as many as 2274 employees had been appointed in different Districts illegally and the matter was required to be taken up with the Department of Health and Medical Education for initiating appropriate action. With a view to examine the observation of the Directorate of Audit and Inspection, the Director, Health Services constituted District and Divisional level Committees with the mandate to examine the report of Audit and Inspection teams in respect of all 2274 employees.

4. The District Level Committees constituted by the Director, upon enquiry, pointed out that there were many candidates in the list of 2274 employees who had been appointed on the recommendations of J&K SSB and in terms of SRO 43 of 1994 and regularised. In the light of the aforesaid report submitted by the District Level Committees, the concerned Chief Medical Officers were directed to release the salary of such employees who stood appointed through a proper selection mechanism. The Divisional Level Committee also examined the matter in the light of information/report provided by the District Level Committees and came to the conclusion that in as many as 133 employees including the respondents herein stood appointed between 2002 to 2010 as Nursing Orderlies/Class-IV and Safaiwalas by the then Chief Medical Officers. The Divisional Level Committee was also of the tentative opinion that these appointments were illegal. The matter was taken up by the Directorate of Health Services, Kashmir with the Administrative Department of Health. The Administrative Department also examined the matter at its level and directed the Directorate, Health Services to release the pending salary of all the employees except 133 identified as illegal appointees with a further direction to initiate action against the illegal appointees immediately. The Directorate of Health Services vide its communication No. DHSK/Estt-II/NG/390-408 dated 26.03.2013, forwarded the instructions of Administrative Department to the Chief Medical Officers concerned for information and strict compliance.

5. Apprehending adverse action, the respondents herein along with