Casual laborers with significant continuous service are entitled to regularization under relevant service rules, emphasizing fair employment practices.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member The instant Original Application has been filed by the applicants under Section 19 of Administrative Tribunals Act , 1985 making therein the following reliefs: -

“i. to regularize the services of the petitioner retrospectively w.e.f. 2002;

ii. to release all the consequential benefits in his favour.

This Original Application has been filed by the petitioner, praying for regularization of services with effect from July 1995, and payment of consequential service benefits.

2. The petitioner is a permanent resident of the UT of Jammu and Kashmir and a citizen of India. He is, therefore, entitled to the protection of his fundamental, statutory, and legal rights.

3. The petitioner’s father possessed a land measuring 04 Kanals 17 Marlas at Ward No. 6, Nowshera. The land was mutated in the name of the father of petitioner Sh. Mela Ram.

4. The respondents acquired the said land for the purpose of constructing a dug well (water point) for catering to the water needs of the people of Nowshera Town.

5. More than 02 Kanals of land was acquired by the respondents in April/May 1990 with the promise at the time of acquiring the said land that one member of the family would be given recruitment without any reference to the Recruitment Board concerned.

There is a policy of the respondent department notified vide SRO 101 dated 03.06.19 88, wherein it has been mentioned that: -

SRO 101: (In exercise of the power conformed by the providing to section 124 of the constitution of Jammu and Kashmir and not with standing anyting contained in the rules and orders for the time being in fares, the Governor hereby directs that the appointment of one member of the family who are left with 50% or lesa cj their agricultural land on a ocount of the same having been acquired by the Government for public purpose, shall be made without any reference to the Recruitment Board concerned, against a post available at the lowest rant of the cadre for which such as persons is eligible. In case the vacancy is no available in the department which has acquired the land, the General Department shall make such appointment in any department where the vacancy may be available).

6. The petitioner’s father was not paid any compensation for the acquisition of the land. Nearly half of the land has been taken over by the department, thereby entitling the petitioner, in his capacity as a member of the family of his father, to avail the benefit of SRO 101 (supra).

7. The petitioner has claimed eligibility for regular appointment as a "Class IV" employee but was not given any regular appointment despite repeated requests. However, in the year 1995, the petitioner was appointed on daily wages to work as a "Motorman" being a temporary helper.

8. The petitioner has been working as a helper since 1995, and his pay was fixed at Rs. 250/- per month. The petitioner has been working as a daily wager since 1st July 1995.

9. The petitioner thereafter approached the Hon’ble High Court of Jammu & Kashmir and Ladakh at Jammu by means of a Writ Petition being SWP No. 1910/2001, wherein the following reliefs were sought:

i. To regularize the services of the petitioner;

ii. Appoint him as "Class IV" employee giving effect from 1st July 1995 under SRO 181;

iii. To pay compensation to him for not appointing him immediately after the acquisition of the land as this Hon’ble Court deems fit and appropriate in the facts and circumstances of the case;

iv. To direct the respondents to release the balance wages of the petitioner to the extent of Rs. 14,500/- along with interest @18% P.A.;

v. By issuing further appropriate writ direction or order in the nature of writ of prohibition, the respondents’ department be restrained from disengaging the petitioner.

10. The Hon’ble High Court on the motion hearing in the writ petition by means of an interim order dated 27.08.2001 directed the respondents to maintain the status quo with regard to the service condition of the petitioner.

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