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2025 Supreme(Online)(CAT) 13965
CENTRAL ADMINISTRATIVE TRIBUNAL
MR. RAJINDER SINGH DOGRA, MR. RAM MOHAN JOHRI, JJ
Mohd Zaffer – Appellant
Versus
Revenue Department – Respondent
T.A./221/2023
Mr. C S Azad, Mr. Hunar Gupta, learned D.A.G.
The court established that long service and qualifications entitle an employee to regularization, emphasizing equitable treatment for similarly situated individuals.
Headnote:(A) Government Order No. Rev (NG) 142 of 1999 - Regularization of service - The petitioner sought regularization as a Chainman/Prism Man in the Revenue Department, claiming eligibility based on continuous service since 2003 and qualifications. The court emphasized the importance of treating similarly situated individuals equitably and recognized the petitioner's long service and qualifications as grounds for regularization. (Paras 1, 2, 6, 12, 19)
(B) Legal rights - The court affirmed that the petitioner accrued legal rights to regularization based on long service and the provisions of the government order, highlighting the arbitrary nature of issuing new contractual positions while his case was pending. (Paras 12, 18)
(C) Employment practices - The court criticized the practice of engaging workers on a temporary basis for extended periods, emphasizing the need for fair employment practices in government departments. (Paras 27)
Facts of the case:
The petitioner, engaged since 2003, sought regularization based on qualifications and long service, supported by government orders and recommendations.
Findings of Court:
The court directed the respondents to regularize the petitioner's services immediately, acknowledging his contributions and long-standing engagement.
Issues: The main issues included the petitioner's eligibility for regularization and the fairness of issuing new contractual positions while his case was pending.
Ratio Decidendi: The court ruled that the petitioner’s long service and qualifications entitled him to regularization, emphasizing the obligation to treat similarly situated individuals equitably.
Result: The application is allowed with directions for immediate regularization.
ORDER
Per: - Sh. Rajinder Singh Dogra, Judicial Member
The instant petition was initially filed before the Hon’ble High Court of Jammu and Kashmir, and later on it was transferred to this Tribunal, and the petitioner had sought the following reliefs: -
“i. directions in the nature of writ of mandamus directing the respondents to regularize the service of the petitioner on any suitable post either as Patwari or any other post in the Revenue Department or any other Department of the State Government by giving him similar treatment on the same analogy as has been done vide Government order No. Rev (NG) 142 of 1999 dated 22-7-1999 read with recommendations made vide Letter No. SC/Estt/2004/89/2004 dated 13-2-2004 made by the respondent No. 2;
ii. Further directions to the respondents in the nature of mandamus directing the respondents to allow the petitioner to continue to perform the job of prism man/chainman which he had been performing since the date of his engagement thereby reengaging the petitioner till his case is considered for regularization.”
2. The petitioner, a matriculate who has completed his 12th grade, seeks the regularization of his employment as a Chainman/Prism Man in the Revenue Department. The petitioner is in continuous engagement with the respondents from the year 2003, and this is evidenced by an Order dated 18 July 2002 issued by the Tehsildar, Settlement, Nowshera. He argues that he meets all qualifications and conditions set forth in Government Order No. Rev (NG) 142 of 1999 , which allows for the regularization of certain posts within the department. The petitioner claims that he has been engaged in this role for several years and has gained the requisite experience and knowledge to be considered for a permanent position.
3. The petitioner has provided his educational qualifications, including certificates of matriculation and 12th-grade completion.
These documents establish his educational background, which is a prerequisite for the positions he seeks. The petitioner’s educational qualifications demonstrate that he possesses the necessary foundational knowledge to perform the duties associated with the role of Chainman/Prism Man and, subsequently, Patwari.
4. The petitioner has attached his date of birth certificate to demonstrate his age, which is relevant to his eligibility for employment in government services. This document is crucial in establishing that the petitioner is within the permissible age limit for government employment, particularly in light of the fact that he has become overage for direct recruitment.
5. The petitioner was appointed as a Chainman/Prism Man in the Revenue Department due to his knowledge of Urdu, which is essential for the role of Patwari and for working in settlement operations. His engagement was based on the need for personnel in the Revenue Department, particularly during settlement operations. The petitioner has been actively involved in various tasks related to land measurement and revenue collection, which are critical functions within the department.
6. In 1999, the government issued Order No. Rev (NG) 142 of 1999, which sanctioned the creation of 100 posts of Patwaris to be filled by eligible Chainmen engaged in settlement operations. This order explicitly states that these posts would not be referred to the SSRB (Service Selection Recruitment Board) and would instead be filled from within the department. The issuance of this order reflects the government’s recognition of the need to retain experienced personnel who are already familiar with the operational requirements of the Revenue Department.
7. The eligibility criteria outlined in the government order include:
- Possession of requisite qualifications.
- Knowledge of Urdu.
- Continuous engagement for the last four sessions.
The petitioner asserts that he fulfills all these criteria, having worked continuously in the department for several years. His long-standing service not only demonstrates his commitment but also his
