Long-term casual workers performing essential duties may be entitled to regularization despite initial informal status, especially when similar roles have been regularized, as denying such rights is arbitrary and discriminatory.

ORDER

Per: - Rajinder Dogra, Judicial Member The instant case was initially filed before the Hon’ble High Court of Jammu and Kashmir, praying therein the following reliefs: -

“i. Hon’ble Court may very kindly be pleased to issue appropriate writ, order or direction directing the respondents to accord the permanent status, as a peon for maintenance of library/duty room in Programme Wing of All India Radio Station Poonch, to the petitioner as has been given to the similarly situated casual employees of the other Radio by Stations in the country;

With a further direction to allow the petitioner to continue against the post of peon in All India Radio Station Poonch and restrain the respondents particularly respondent No. 4 to replace the petitioner by another casual employee;

iii. Any other order, which this Hon’ble Court may deems fit and appropriate in the facts and circumstances of the case may also very kindly be passed in favour of the petitioner.”

Introduction

1. The petitioner, a permanent resident of Jammu & Kashmir and a citizen of India, had earlier approached the Hon’ble High Court of J&K and now this Tribunal seeking a writ of mandamus directing the respondent authorities (All India Radio, Poonch) to regularize his long-standing employment as a casual library/duty- room attendant in the Programme Wing of AIR Poonch. It is the petitioner’s case that despite continuous service since 2002 and demonstrated efficiency in his work, he has been treated as a temporary/daily-wage worker without any status, even though sanctioned regular posts have remained vacant and similarly placed employees have been regularized in the past. He avers that the denial of regularization violates his constitutional rights to equality and livelihood (Articles14, 16, 21) as well as applicable statutory and service  law norms.

2. The respondents resist the claim on various grounds, including that the petitioner was only a casual worker with no inherent right to permanent employment, that no formal appointment or documents were issued to him, and that alternate remedies were available to the petitioner. They rely on the general rule in Uma Devi (2006) that irregular/temporary appointments cannot be regularized merely on tenure, and submit that the petitioner has no legitimate claim.

3. We have heard learned counsel for the parties and have perused the record including the petition, written statements, correspondence from the radio station, and relevant case law. For reasons to follow, we find the petition to be well-founded and allow the same, setting aside the objection that there is no entitlement and directing that the petitioner’s service be regularized with continuity and all attendant benefits.

Background Facts

4. The petitioner hails from an economically disadvantaged family in J&K. He is a permanent resident of the State of Jammu & Kashmir and a citizen of India. Due to family hardships, he had to discontinue his formal education early. In 2002, to support his family, the petitioner began work at All India Radio, Poonch. He was engaged as a daily- wage/casual employee on an informal basis, assigned primarily to maintain the AIR Poonch library and duty- room in the Programme Wing. From 2002 onward, the petitioner served without break; his attendance and work record (as borne out by official rosters and certificates) remain uninterrupted.

5. Over two decades of service, the petitioner took no alternative employment and devoted himself to the assigned duties, which were essential to station operations. The petitioner alleges – and the station’s records confirm – that his engagement effectively involved routine functions identical to those of regular librar