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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
TASHI RABSTAN CJ., M.A. CHOWDHARY
State (now U.T) of Jammu & Kashmir, through its Commissioner – Appellant
Versus
Sanjeev Kumar S/O Ram Lal – Respondent
JUDGMENT :
Per Tashi Rabstan,CJ
1. This petition is directed against the order dated 02.05.2024 passed by the Central Administrative Tribunal, Jammu Bench, Jammu in T.A. No.61/1636/2020, whereby, while allowing the transfer application, the learned Tribunal directed the petitioners herein to accord consideration to the regularization of applicants-respondents herein in terms of SRO 64 of 1994 as they have rendered more than seven years of continuous service as Daily Wagers.
2. The facts, as gathered from the file, are that the respondents herein were engaged as Daily Wagers in the Rural Development Department prior to coming into force SRO 64 of 1994 dated 24.03.1994. It is claimed by them that they are continuously discharging their duties as daily wagers from the date of their engagement. Since they have already completed seven years of continuous service, as such are entitled for their regularization under the said SRO. As the petitioners herein failed to regularize their service, they filed a petition before this Court which came to be transferred to the learned Tribunal. The learned Tribunal vide order dated 02.05.2024 directed the petitioners herein to accord consideration to th
Long-term casual laborers are entitled to regularization under SRO 64 of 1994, regardless of initial classification, emphasizing equal treatment for similar roles.
Daily wagers completing seven years continuous service before extended cut-off of 06.11.2001 entitled to regularization under SRO 64 despite post-1994 engagement; vested right survives repeal; unifor....
The court determines that long-serving Daily Rated Workers are entitled to regularization under relevant provisions despite initial misclassification.
Long-serving casual labourers treated as daily rated workers entitled to regularization under SRO 64 despite nomenclature issues, minor breaks, or scheme repeal; vested rights from seven years contin....
The court ruled that the petitioner was entitled to retrospective regularization as a Security Guard from 1st April, 2005, based on the completion of seven years of service, despite the delay in rais....
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