Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(CAT) 2017

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative Member
Dheeraj Kumar – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent
Transfer Application No. 1320/2020

Advocates:
For the Appellants/Petitioners: Rahul Pant
For the Respondents: Rajesh Thapa

Government entities are obligated to regularize long-serving temporary or consolidated employees who meet statutory eligibility criteria, including working against clear vacancies for the prescribed period. Failure to do so, while extracting essential service, constitutes unfair labour practice and violates the state's duty as a model employer.

Headnote:(A) Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 - Sections 3 and 5 - Regularization of consolidated/ad hoc employees - Petitioners engaged on consolidated wages against clear vacancies with over seven years of continuous service by the cut-off date - State obliged to act as model employer and avoid exploitation of labour - Failure to regularize eligible long-serving employees, despite recommendations and clear eligibility, constitutes arbitrary and unjust administrative practice (Paras 6, 7, 8, 9).

(B) Service Law - Regularization - Principles of 'equal pay for equal work' - Long-term engagement of employees against regular posts, even if initially consolidated, creates an equitable right to regularization and corresponding pay scales matching permanent employees - Institutional abuse of temporary contracts to evade long-term obligations violates fundamental fairness and service security (Paras 10, 11).

Facts of the case:
The petitioners, engaged as consolidated workers against Class IV vacancies for nearly two decades, sought regularization in terms of the statutory provisions enacted in 2010. Despite fulfilling all eligibility criteria, including continuous service for more than seven years by the cut-off date and receiving positive recommendations for regular status, the department failed to regularize their services, citing internal procedural lapses and documentation issues.

Findings of Court:
The court observed that the petitioners were engaged against clear vacancies and met all mandatory criteria set forth in the statutory regularization policy. The department's inaction in finalizing the regularization, despite the existence of the statutory framework and years of unblemished service, was found to be unjustified and tantamount to the exploitation of labour.

Issues: The main issues were whether the long-serving consolidated employees are entitled to mandatory regularization under the prescribed statutory framework and whether the withholding of such benefits, despite the completion of the required service period, is legally sustainable.

Ratio Decidendi: The court ruled that where employees satisfy the eligibility conditions for regularization—specifically the duration of service against sanctioned/clear vacancies—the state is legally bound to grant such benefit. Denying regularization while utilizing the employees for essential, perennial work is arbitrary, unfair, and contrary to the obligation of the state as a model employer.

Result: Petition allowed; respondents directed to regularize the services of the petitioners with all consequential benefits within three months.

Table of Content
1. summary of facts and prayer for regularization. (Para 1 , 2 , 3)
2. respondents' contention of failure to provide procedural documentation. (Para 4)
3. application of j&k civil services act, 2010 criteria. (Para 5 , 6 , 7 , 8 , 9)
4. precedent regarding the unfair exploitation of temporary workers. (Para 10)
5. final order mandating regularization and consequential benefits. (Para 11)

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.652/2020 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.1320/2020 by the Registry of this Tribunal.

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

i. Writ, order of direction in the nature of Writ of Mandamus commanding the respondents to regularize the petitioners against the Class IV vacancies retrospectively w.e.f. 28.04.2010 i.e. the date the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 came into force, with all consequential benefits;

Any other writ, order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, may also be granted in favour of the petitioners and against the respondents along with cost.”

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

i. All the petitioners herein are similarly situated and have same cause of action and similar grounds to urge, as such, are filing the instant writ petition jointly before this Hon’ble Court.

ii. All the petitioners were engaged in the year 2001 against the Class IV vacancies in the Directorate of Consumer Affairs and Public Distribution presently re-designated as Directorate of Food Civil Supplies and Consumer Affairs on consolidated wages @ Rs.2000/- per month.

iii. The perusal of the dates of engagement of the petitioners will show that they are working for the last about 19 years on consolidated wages only. Initially the petitioners were being paid the consolidated wages @ Rs.2000/- per month but the same were enhanced to Rs.4500/- per month in the year 2013 and were further enhanced to Rs.6750/- per month w.e.f. 2018.

iv. The petitioners were engaged keeping in view the urgent nature of work in the Directorate of Consumer Affairs and Public Distribution presently re-designated as Directorate of Food Civil Supplies and Consumer Affairs and keeping in view the fact that the food supplies were required to be maintained in the far flung area of the erstwhile State of Jammu and Kashmir. Petitioners have been discharging their duties to the entire satisfaction of the respondents from the date of their engagement and the engagement of the petitioners on consolidated wages was confirmed by the Government as well. A complete bio-data of the petitioners i.e. the date of their engagement etc. as has already been forwarded by the office of the Director, Consumer Affairs and Public Distribution Department Jammu to the respondent No.1 vide his Communication No:DCAPDJ/Adm/Consolidates/2077/L dated 11.09.2009 is annexed herewith and marked as Annexure-I for the kind perusal of this Hon’ble Court.

v. The engagement of the petitioners on consolidated wages was further confirmed by the Government on 06.09.2001. Copy of confirmation accorded by the Government vide No:FS/Adm/2001 dated 06.09.2001 is annexed herewith and marked as Annexure-II for the kind perusal of this Hon’ble Court. The names of the petitioners except petitioner No.7 figure at Serial No.36, 47, 14, 13, 7, 16, 22, 3, 24 and 27 respectively.

vi. It is the positive case of the petitioners that they have been engaged on consolidated wages against the vacant Class IV posts as large numbers of vacancies of Class IV were available and petitioners were engaged against such vacant posts. Although the petitioners were engaged against the vacant Class IV posts but they are discharging the duties against the higher posts of Storekeepers and Cashiers etc.

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2026 Supreme(Online)(CAT) 2017

CENTRAL ADMINISTRATIVE TRIBUNALRajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative MemberDheeraj Kumar – AppellantVersusUnion Territory of Jammu and Kashmir – RespondentTransfer Application No. 1320/2020

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative Member
Dheeraj Kumar – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent
Transfer Application No. 1320/2020