Reserved on 12.11.2025 Central Administrative Tribunal Jammu Bench, Jammu Hearing through video conferencing Transferred Application No. 61/456/2020 Pronounced on :- This the 10th day of February 2026 Hon’ble Mr. Rajinder Singh Dogra, Judicial Member Hon’ble Mr. Ram Mohan Johri, Administrative Member Sham Lal, aged 42 years, S/o Sh. Parkash Chand, R/o Tanda, Hiranagar, Kathua.

...Applicant (Through Advocate: Mr. Aniruddha Sharma)

Versus

1. State of J&K through Principal Secretary to Government, Health and Medical Education Department, Jammu and Kashmir Government, Civil Secretariat, Jammu.

2. Principal, Government Medical College, Bakshi Nagar, Jammu.

…Respondents (Through Advocate: Mr. Sudesh Magotra, A.A.G)

ARUN O R D E R Per:- Rajinder Singh Dogra, Judicial Member Being aggrieved of action of respondents of regularizing his services with prospective effect under the J&K Civil Services (Special Provisions) Act, 2010 instead of the provisions laid down under SRO 64 of 1994 dated 31.03.1994, the date from which he had completed seven year service, approached the Hon’ble High Court of Jammu and Kashmir by filing WP (C) No. 2030 of 2019 seeking the following reliefs:-

i) Writ, order or direction in the nature of Writ of Mandamus commanding the respondents to regularize and appoint the petitioner in regular pay scale of Class IV strictly in accordance with J&K Daily Rated Workers/Work Charge Employees Regularization Rules, 1994 w.e.f. the date of completion of seven years of continuous service;

ii) Writ, order or direction in the nature of Writ of Mandamus commanding the respondents to release all consequential benefits in favour of the petitioner after his regularization against the Class-IV post in accordance with J&K Daily Rated Workers/Work Charge Employees Regularization Rules, 1994 w.e.f. the date the petitioner had completed seven years of services as daily wagers;

iii) Writ, order or direction in the nature of Writ of mandamus commanding the respondents to treat the petitioner as having been regularly appointed for the purpose of giving him the benefits under the Old Pension Scheme, which was prevalent prior to the issuance of SRO 400 dated 24.12.2009 and accordingly fix his pay and salary and compute his emoluments and other service benefits.”

2. After the reorganization of State of Jammu and Kashmir into Union Territory of Jammu and Kashmir, the record of WP (C) No. 2030 of 2019 was transferred to this Tribunal and renumbered as Transferred Application (in short T.A.) No. 456 of 2020.

ARUN

3. The brief facts of the case, as stated in the T.A. are that the applicant was appointed as a Gardener on a consolidated salary of Rs. 1,050/- per month initially for a period of 89 days by Order No. 504 of 1997 dated 17.09.1997 and directed to work in the Boys Hostel, Government Medical College, Jammu (Annexure I). It is stated in the TA that although the initial engagement was ‑for 89 days, it was extended for a further 89 days by Office Order No. 1003 of 1998 dated 15.01.1998 (Annexure II), and thereafter the applicant’s services were repeatedly extended, w‑ ith occasional one or two day breaks, until eventual regularization by Government Order No. 214 HME of 2012 dated 15.03.2012 and consequential order dated‑ 28.03.2012 (Annexures IX & X). It is further stated in the TA that SRO 64 of 1994 dated 2‑7.03.1994 provided for regulariza‑tion of daily rated/work charged employees who completed seven years’ servic‑e, and alth‑ough a ban was placed on engaging new daily rated workers after 01.04.1994, the Government continued to engage‑ such workers. It is further stated in the TA that after completion of seven years from first engagement the applicant sought regularization to a Class IV post but respondents failed to act, prompting WP(C) No.99‑4/2006 titled Sham Lal and others vs. State of J&K and others, which was disposed on 05.05.2007 (Annexure VI) directing respondents to consider cases of the applicant for reg‑ularization in accordance with r