Regularization of daily wagers denied post-1994 cutoff, no ongoing service, absent sanctioned vacancy; long service no equity right.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application RAJAT SINGH PATHANIA under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

“i, Quashment of order No. PHEJ/GE/04/E OF 2014 dated 04.01.2015 whereby the case of the petitioner for his regularisation has been rejected in a totally illegal and arbitrary manner and without any reasonable justification; it.

ii. Seeking command upon the respondents to regularise the services of the petitioner in the PHE Department against various posts keeping in view the length of service rendered by the petitioner, his continuous working and uninterrupted performance of duties, in reference to various Government Orders and policies of the State Government pertaining to regularisation of daily wagers/casual labourers as also under the provisions of the J&K Civil Services (Special provisions) Act, 2010;

iii. Seeking command upon the respondents to release the unpaid wages of the petitioner w.e.f. the date indicated in the body of the writ petition regularly and continuously till his services are regularized;

iv. Seeking command upon the respondents not to disband/disengage the petitioner as _ daily wager/casual labourer till his case is considered and his services are regularized; Such other relief as this Hon'ble Court may deem fit and proper in the given facts and circumstances of the case kindly be passed in favour of the applicant as against the respondents.”

2. The facts of the case as averred by the applicant in his pleadings, are as follows: -

i. The applicant belongs to District Kathua. He came to be engaged/appointed as Daily Rated Labourer in Civil as well as Mechanical Divisions of PHE Division Kathua on April, 1996.

ii. The applicant right since the date of his engagement as daily rated worker in PHE Division, Kathua is regularly performing his duties as are assigned to him by the concerned authorities. He is manning different stations of PHE and is made responsible for regular and uninterrupted supply of water in the area. The applicant is regularly and _ continuously performing his duties with utmost dedication and sincerity and has never given any chance of complaint to any of his superiors. Different muster rolls/sheets have been prepared by the respondents for the purposes of marking his attendance and release of his wages etc. iii. The respondent no. 4 in the year 2005 pursuant to letter No.SEK/1163 dated 07.07.2005 written by the Superintending Engineer, PHE, Department, Kathua vide his office Letter No. 2338-39 dated 19.07.2005 by virtue of which information was submitted regarding daily rated workers community participation workers, engaged prior to 1994 and after 1994 in the form of the lists. First list carries 23 nos. of daily wagers engaged prior to 1994 whereas the second list carries the daily wagers engaged after 1994. In the 2 list the name of the applicant appears at S. No. 50.

iv. The applicant kept on approaching the respondents for his permanent absorption / regularisation in the department on the ground of his continuous and _— uninterrupted performance of duties. However, the respondents did not make any efforts to regularise the services of the applicant except to forwarding the bio-data of the applicant to the higher authorities.

v. The fact of the matter is that the applicant has been continuously working with the respondents as daily rated worker/casual labourer right since his first engagement and to substantiate the factum of h