CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 5008/2020 Reserved on: - 27.10.2025 Pronounced on: - 02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Pardeep Singh, Age 30 years S/o Sh. Joginder Singh, R/o Village & P.O Logate, Tehsil and District Kathua …Applicant (Advocate: - Mr. Surjeet Singh Andotra)

Versus

1) State of Jammu and Kashmir Through Commissioner/Secretary to Government Public Health Engineering Department Civil Sectt. Jammu/Srinagar.

2) Principal Secretary to Government, Finance Department, Civil Sectt. Jammu/Srinagar.

3) Chief Engineer, Public Health Engineering Department, Jammu.

HARSHIT HARSHIT YADAV 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=

4) Superintending Engineer, Hyd. Circle, Kathua.

5) Executive Engineer, PHE Division, Kathua …Respondent (Advocate:- Mr. Rajesh Thappa, AAG)

HARSHIT HARSHIT YADAV 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=

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.471/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.5008/2020 by the Registry of this Tribunal.

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

a) Quash impugned Government order No. 43-F of 2015 dated

17/03/2015 issued by respondent no. 2 in case the same is applicable in the case of petitioner.

b) Direct the official respondents to engage/select/appoint the petitioner in casual/need basis/seasonal labourers/daily wages category as has been similarly situated persons in the department as per SRO done in case 239-F of 2005 dated 29-

11-2005.

c) Any other order/orders, 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.

3. The facts of the case as pleaded by the petitioner in his pleadings are as follows: -

a) The applicant, Pardeep Singh, is a permanent resident of the Union Territory of Jammu and Kashmir and a citizen of India, entitled to the protection of fundamental, statutory, and HARSHIT HARSHIT YADAV 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=

constitutional rights. He approached the Hon’ble High Court of Jammu & Kashmir, now transferred and registered as the present T.A., seeking quashment of Government Order No. 43- F of 2015 dated 17.03.2015 insofar as it is made applicable to his case and for a consequential direction to the official respondents to consider and engage him as a casual/need- based/seasonal labourer/daily wager in the Public Health Engineering Department in the same manner as similarly situated persons had been engaged under earlier Government Orders, particularly SRO 239-F of 2005.

b) The grievance of the applicant stems from the fact that he had applied for engagement in the PHE Department as early as in the year 2010. The applicant asserts that his application was duly received, his eligibility was examined, and even his technical qualification stood verified by the competent authority in the same year. Despite this, his case was never forwarded to the higher authorities for consideration, allegedly due to negligence and inaction on the part of the departmental authorities, for which the applicant claims no responsibility.

HARSHIT HARSHIT YADAV 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 Ja