CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH [Reserved]

Transfer Application No. 195/2025 (SWP No. 2008/17)

Reserved on: 10.09.2025 Date of Pronouncement: 26.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, JUDICIAL MEMBER HON’BLE MR. RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER Between Naresh Kumar, aged 38 years.

S/o Om Parkash, R/o H.No. 71, Ward No. 8, Mohalla Khounor, Poonch.

…..PETITIONER -VERSUS-

1. Union of India, Through Director General, Prasar Bharti Broadcasting Production of India, All India Radio, Akash Bhawani Bhawan, Parliament Street, New Delhi. 2. Chief Executive Officer, Mandi House, Copernicus Marg, New Delhi.

3. Station Director, All India Radio, Poonch. ….....RESPONDENTS Advocate for applicant(s): Mr. Ajay Sharma Advocate for respondent(s): Mr. Raghu Mehta, ld. Sr. CGSC ORDER PER MR. RAJINDER SINGH DOGRA, MEMBER (J):

The SWP/WP(C) No. 2008/17 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered and listed as T.A. No. 195/2025 by the Registry of this Tribunal.

2. The instant case was initially filed before the Hon’ble High Court of Jammu and Kashmir, praying therein the following reliefs: -

i. Writ of mandamus commanding the respondents to regularize the services of the petitioner as Class IV employee in the Department in terms of Casual Labourers (Grant of Temporary Status and Regularization) Scheme of India, 1993.

WITH ii. Writ of mandamus commanding the respondents to pay minimum rate of basic wages per day as contained in Notification No.SO188-E dated 19-01-2017 along with allowance and other attached to it.

iii. Any other order or direction which this Hon'ble Court deems fit and proper in the facts and circumstances of the case may also be passed in favour of the petitioner and against the respondents.

Introduction

3. The petitioner, a permanent resident of Jammu & Kashmir and a citizen of India, had earlier approached the Hon’ble High Court of J&K and now before this Tribunal seeking a writ of mandamus directing the respondent authorities (All India Radio, Poonch) to regularize his long-standing employment as Class IV employee in the Department i.e. AIR Poonch. It is the petitioner’s case that despite continuous service since 2002 and demonstrated efficiency in his work, he has been treated as a temporary/daily- wage worker without any status, even though sanctioned regular posts have remained vacant and similarly placed employees have been regularized in the past. He avers that the denial of regularization violates his constitutional rights to equality and livelihood (Articles 14, 16, 21) as well as applicable statutory and service law norms.

4. The respondents resist the claim on various grounds, including that the petitioner was only a casual worker with no inherent right to permanent employment, that no formal appointment or documents were issued to him, and that alternate remedies were available to the petitioner. They rely on the general rule in Uma Devi (2006) that irregular/temporary appointments cannot be regularized merely on tenure, and submit that the petitioner has no legitimate claim.

5. We have heard learned counsel for the parties and have perused the record including the petition, written statements/objection, correspondence from the radio station, and relevant case law. For reasons to follow, we find the petition to be well-founded and allow the same, setting aside the objection that there is no entitlement and directing that the petitioner’s service be regularized with continuity and all attendant benefits.

Background Facts

6. The petitioner hails from an economically disadvantaged family in J&K. He is a permanent resident of the State of Jammu & Kashmir and a citizen of India. Due to family hardships, he had to discontinue his formal education early. In 2002, to support his family, the petitioner began work at All India Radio, Poonch. He was engaged as a daily wage/casual employee on an informal basis, assigned primarily for cleaning of studio/generator room etc. at the