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2026 Supreme(Online)(CAT) 1227
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative Member
Rishi Raj – Appellant
Versus
State of Jammu and Kashmir – Respondent
Transfer Application No. 7077/2020|SWP No.2232/2018
For the Appellants/Petitioners: Mr. M.A. Bhat
For the Respondents: Mr. Rajesh Thapa, Id. AAG, Mr. Hunar Gupta, Id. DAG
MG-NREGA wage employment does not confer regularization rights under Civil Services Act; no lawful appointment exists for such claims.
Headnote:The applicants claimed regularization under Jammu and Kashmir Civil Services (Special Provisions) Act, 2010, after rendering over 12 years of service on consolidated wages as Mali workers in Rural Development Department offices, seeking mandamus for regularization, continuation on pay, and arrears. They relied on attendance certificates, representations, and recommendations from subordinate authorities. The court found no lawful appointment or engagement against sanctioned posts, distinguishing welfare wage employment from regular service. Key issue: Whether long-term wage employment under MG-NREGA entitles workers to regularization under the 2010 Act. The ratio decidendi holds that MG-NREGA is a demand-driven temporary scheme without provisions for regularization or absorption into government service; recommendations do not create rights, and the Act applies only to lawful post-holders, not casual wage earners. Article 21 right to livelihood does not override statutory scheme requirements. Transfer Application dismissed as devoid of merit.
| Table of Content |
|---|
| 1. applicants seek regularization after long wage service under 2010 act. (Para 1 , 2 , 3 , 6 , 7) |
| 2. respondents deny regular engagement under mg-nrega scheme. (Para 4 , 8) |
| 3. no regularization for temporary scheme workers without lawful appointment. (Para 9 , 10 , 11 , 13) |
| 4. claim dismissed; no constitutional right overrides statutory scheme. (Para 12 , 14 , 15) |
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP No.2232/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.7077/2020 by the Registry of this Tribunal.
2. The present matter was filed before the Hon’ble High Court seeking following relief: - MANDAMUS- commanding the respondents to regularize the services of the petitioner having completed more than 12 years of continuous service as consolidated salary workers and enttield to regularization under the provisions of J&K Civil Services (Special Provisions) Act 2010; and may also issue further writ of MANDAMUS - commanding the respondents to allow the petitioners to continue to work on the consolidated pay of Rs.4500 per month till their services are regularized as per the provisions of J&K Civil Services (Special Provisions) Act 2010; and for the issuance of further direction to pay the petitioners their salary regularly and also the arrears of the salary for the period for which they have not been paid their salary; and for the issuance of — Any - other writ, order or direction deemed just and proper in the circumstances of the case.
3. The facts of the case as pleaded by the petitioners in their pleadings are as follows: -
a) The present Transfer Application arises out of SWP No. 2232/2018, which stood transferred from the Hon’ble High Court of Jammu & Kashmir and came to be registered as TA No. 7077/2020 before this Tribunal. The applicants approached the writ court seeking directions for regularization of their services on the ground that they had rendered long years of continuous service on consolidated wages and were entitled to the benefit of regularization under the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010. They also sought a direction for continuation on consolidated pay till such regularization, release of unpaid wages, and other consequential reliefs
b) The applicants assert that they had been working for several years on need basis in the offices of respondent Nos. 3 and 4. Being educated but unemployed, and with no regular source of income, they jointly submitted an application dated 05.04.2007 to the District Development Commissioner, Doda, requesting adjustment or engagement in any department so as to enable them to earn their livelihood. In the said application, they disclosed that they had been working as Mali on verbal directions of the then District Development Commissioner and were receiving wages through the office of the Chief Planning Officer, Doda. Acting upon this request, the District Development Commissioner endorsed the application to the Additional Deputy Commissioner and directed the Block Development Officer, Ghat, to adjust the applicants as REGS staff. The applicants claim that they had been working as Mali in the office of respondent No. 3 for several years prior thereto and had discharged their duties to the satisfaction of the authorities.
c) Pursuant to the said directions, the applicants were engaged on consolidated wages of %2000 per month and continued to remain attached with the office of the District Development Commissioner, Doda, for more than twelve years. Their wages were released by the Block Development Officer, Ghat, on the basis of monthly attendance certificates issued by the office of respondent No. 3. The applicants rely upon attendance certificates and communications addressed to the Jammu and Kashmir Bank for release of their wages as proof of continuous engagement and payment.
d) It is further pleaded that on several occasions the applicants were not paid wages for months
