Back
2026 Supreme(Online)(CAT) 1219
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative Member
Mohd Ishaq – Appellant
Versus
Union Territory of J&K Through Commissioner / Secretary Forest, Environment & Ecology Department – Respondent
Original Application No. 1720/2021
For the Appellants/Petitioners: Mr.Irfaan Khan
For the Respondents: Mr. Sudesh Magotra, Id. A.A.G.
Claimant must prove engagement with cogent evidence for regularization or wages; assertions alone insufficient.
Headnote:The applicant sought regularization of services as casual labour/watchman under CAMPA Scheme pursuant to SRO 520 of 2017, release of pending wages from January 2020, protection against replacement, and inclusion in Aadhaar-based biometric profiling per Govt. Order No.126-F of 2016. Engaged since 2013, wages stopped abruptly, and threats of disengagement issued. Court found no cogent evidence of engagement, mere assertions insufficient. Aadhaar profiling held administrative, not establishing employment. SRO 520 inapplicable without proven engagement prior to cut-off. Ban on casual engagements under Circular No. 30-GAD of 2019 noted. Burden of proof on claimant not discharged; parity with others rejected as cases not identical. Original Application devoid of merit and dismissed.
| Table of Content |
|---|
| 1. applicant's claims for regularization and wages under sro 520. (Para 1 , 2) |
| 2. respondents deny engagement and applicability of schemes. (Para 3) |
| 3. issue: proof of engagement for claiming rights. (Para 4 , 5 , 6 , 7) |
| 4. burden of proof on claimant; no evidence provided. (Para 8 , 9 , 10) |
| 5. sro inapplicable without proven engagement; scheme-specific. (Para 11 , 12 , 13) |
| 6. application dismissed for lack of merit. (Para 14 , 15) |
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -
a) Direct and command the respondents to regularize the services of the applicant in the Forest Department who is working since 2013 as casual labour/watchman under Campa Scheme as per mandate of SRO 520 of 21-12-2017.
b) Command and direct the respondents to release the pending wages of the applicant w.e.f. January, 2020 to till date.
c) Command and direct respondents not to replace the applicant till his regularization and further direct the respondents to allow the applicant to continue his duties as in Campa Closure Watchman Kuddhar(Doda).
d) Command and direct the respondents to include the name of the applicant in the list of casual/daily based workers for 'Aadhar Based Biometric & Skill Profiling’ in terms of Govt. order No.126-F of 2016 dated 28-04-2016.
e) Or any other relief which this Hon'ble Tribunal deems fit in the facts and circumstances may also be granted to the applicant.
2. The facts of the case as averred by the applicant in his pleadings, are as follows: -
a) The applicant has approached this Tribunal by filing the present Original Application under Section 19 of the Administrative Tribunals Act, 1985, seeking regularization of his services, release of withheld wages, protection against replacement, and continuation of service in the Forest Department. The applicant asserts that he was engaged in the year 2013 as a Casual Labourer/Watchman under the CAMPA Scheme in Campa Closure Kuddhar, District Doda, and since his engagement, he has been continuously discharging his duties with diligence, devotion, and to the complete satisfaction of the departmental authorities.
b) It is specifically pleaded that pursuant to Government Order No. 126-F of 2016 dated 28.04.2016, issued for Aadhaar-based biometric identification and skill profiling of casual and need- based workers of the Forest Department, the applicant was duly subjected to the said process along with other similarly situated workers, and his name figures at Serial No. 26 of the verified list. According to the applicant, this inclusion clearly establishes the factum of his engagement and recognition by the department itself.
c) The applicant further states that he was being paid wages/honorarium regularly till January 2020, after which the respondents abruptly stopped releasing his wages without any justification, order, or notice. Despite repeated oral requests, no action was taken, compelling the applicant to issue a legal notice to the respondents. In response thereto, the matter was forwarded internally by respondent No.2 for necessary action, yet no relief was ultimately granted.
d) It is further pleaded that while the applicant continues to perform his duties uninterruptedly, the respondents have not only withheld his legitimate wages since February 2020 but have also been threatening to disengage him by replacing him with another person under a similar temporary arrangement, which according to the applicant amounts to adopting a policy of “hire and fire”, impermissible in law.
e) The applicant has drawn parity with several similarly placed workers who approached the Hon’ble High Court of Jammu and Kashmir and thereafter this Tribunal, where interim and final directions were issued for release of wages and continuation of service, and in compliance thereof, the respondents released the pending wages in those cases. Copies of
