CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 296/2025 Reserved on: - 28.10.2025 Pronounced on: 10.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Anil Sharma aged 26 years S/o Shri Dharam Chand R/o Village Rajpur, Mahanpur Tehsil Basholi District, Kathua.

…Applicant (Advocate: - Mr. M P Sharma)

Versus

1. State of Jammu and Kashmir through Commissioner/Secretary to Government, Consumer Affairs and Public Distribution Department, Civil Sectt. Jammu.

2. Director, Consumer Affairs and Public Distribution Department, Jammu.

3. Assistant Director, Consumer Affairs and Public Distribution Department, Kathua.

4.

Tehsil Supply Officer, Consumer Affairs and Public Distribution Department, Basholi.

…Respondents (Advocate:- Mr. Rajesh Thappa, AAG Mr. Hunar Gupta, Ld. DAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.438/2016 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.296/2025 by the Registry of this Tribunal.

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

a) To direct the respondents to regularize the petitioner w.e.f. the date of the completion of his seven years’ service.

b) To direct the respondents for the fixation of pay in the time scale of pay applicable to the posts, against which the petitioner is entitled for regularization and be released w.e.f.

the date of the completion of seven years.

c) To direct the respondents to pay minimum wages as payable under the minimum wages Act to the petitioner w.e.f. 2000.

d) To issue any other appropriate writ order of direction alongwith cost of litigation in the interest of justice, equity and fair play.

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

a) The applicant, Anil Sharma, claims to be a permanent resident of the erstwhile State of Jammu and Kashmir and asserts entitlement to the protection of fundamental, legal and statutory rights guaranteed under Part-III of the Constitution of India. He contends that he possesses the qualification of Matriculation and has been working continuously since the year 2000 as a Night Chowkidar-cum-Watchman/Labour/Khandi in the Consumer Affairs and Public Distribution Department at Sale Depot, Mahanpur, Tehsil Basholi, District Kathua, without any break and against what he describes as a clear vacancy.

b) It is pleaded that the applicant has been discharging duties of watch and ward of food grains for nearly twenty-four hours a day in a remote and militancy-affected area and has been paid a meagre consolidated amount of Rs.30/- per month, which according to him is grossly violative of Articles 14, 16 and 21 of the Constitution of India and the principles of “equal pay for equal work”. He asserts that the nature of duties performed by him is permanent in character and comparable to those of daily-

rated workers holding civil posts, thereby entitling him to regularization.

c) Reliance is placed on a communication dated 16.08.2011 issued by the Tehsil Supply Officer, Basholi, whereby regularization of several Chowkidars was sought from the Assistant Director, CA&PD, Kathua, and in which the applicant’s name allegedly figures at Serial No. 4. According to the applicant, the said communication acknowledges that he had completed more than ten years of service as a consolidated appointee. He further relies upon endorsements allegedly issued by the Assistant Director, CA&PD, Kathua, acknowledging his engagement since the year 2000.

d) The applicant further submits that under Section 5 of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010, he became eligible for regularization upon completion of seven years of continuous service against a clear vacancy. It is pleaded that pursuant to Government Order No. 80-CA&PD of 2010 dated 01.12.2010, the Director, CA&PD, Jammu, had called upon all such