CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 1620/2020 Reserved on: - 29.10.2025 Pronounced on: - 03.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)

1.Sarla Manhas, D/o Sh. Omkar Singh, W/o Sh. Ashok Singh, It/o Village Dhar Route, Tehsil and District Doda, Age 50 Years.

2. Bhushan Kumar, S/o Beli Ram, R/o Village Dramthal, Tehsil and District Udhampur, Age 50 Years.

3. Naresh Kumar, S/o Isher Dass, R/o Village Jakhed Tehsil Latti, District Udhampur, Age 52 Years.

4. Premu, S/o Sh. Faqiru, R/o Village Nagalta, Tehsil Chenani, District Udhampur, Age 48 years.

…Applicants (Advocate: - Mr. Rahul Agarwal)

Versus

1. State of Jammu and Kashmir through Commissioner/Secretary, Rural Development Department, Srinagar.

2.Commissioner-cum-Secretary Finance Department, Govt. of J&K, Srinagar.

HARSHIT Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="

Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, 3. Commissioner/Secretary General Administration Department, Srinagar.

4. Director Rural Development Department, Jammu.

…Respondent (Advocate:- Mr. Rajesh Thappa,AAG) HARSHIT Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="

Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.3594/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.1620/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

“MANDAMUS:

1. Commanding the respondents to consider retrospectively from the date the petitioners have completed their Seven years of Service as Daily Wagers in the Department with all the consequential benefits including the monetary benefits.

ii. Commanding the respondents to consider the case of the petitioners for regularisation of their services in the light of SRO-64 of dated 24/3/1994.

Any other relief to which the petitioners are found entitled to, the same be also granted in favour of the petitioners.

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.

3594/2019, which was originally filed before the Hon’ble High Court of Jammu & Kashmir at Jammu and, upon HARSHIT Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="

Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, reorganisation, stood transferred to this Tribunal and registered as T.A. No. 1620/2020. The applicants approached the writ court seeking a direction to the respondents to consider and grant regularisation of their services retrospectively from the date they completed seven years of continuous engagement as Daily Rated Workers, along with all consequential benefits, in terms of SRO-64 dated 24.03.1994.

b) The applicants are residents of different districts of Jammu Division and claim to be working under the Rural Development Department for more than three decades. Applicant No. 1 was engaged on 01.01.1990, Applicant No. 2 on 01.01.1993, Applicant No. 3 on 01.12.1993, and Applicant No. 4 on 01.06.1992. Since their initial engagement, they have continuously worked under the administrative control of the department, performing duties of perennial nature, without any break attributable to them, and to the full satisfac