Long continuous service warrants equitable relief; irregular workers may be regularized based on lengthy tenure despite initial informal employment.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWPs were transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No. 187/2024 & 237/2024 respectively and OA/404/2025 and CP/207/2025 by the Registry of this Tribunal.

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

1. TA/184/2024

a) “It is, therefore, most respectfully prayed that in view of the submissions made hereinabove and those to be urged at the time of the hearing this Hon'ble Court may be pleased to initiate contempt proceedings against the above named respondents/contemnors for not implementing the orders passed by this Hon'ble Court in the interest of justice.

2. TA/237/2024

a. Writ of mandamus:directing the respondents to regularize the petitioner as regular employee in Class IV cadre from the date of his appointment / engagement i.e. 28.10.1998 as Waterman cum Sweeper in Govt. Model Middle School, Mahanpur.

b. Writ of Mandamus: directing the respondents to pay the petitioner the arrears of pay to which he was entitled to be paid from the date of his appointment /engagement i.e. 28.10.1998 as the petitioner has been working continuously in the office of respondent no.4 for the last more than fifteen years on a very meager amount. Further

c. Writ of Mandamus: directing the respondents to prepare the service book of petitioner and other formalities which will entitled him for the payment of all the retiral benefits, which an employee of his cadre is entitled to get in the education department.

And

d. Any other writ, order or direction which this Hon'ble Court may deem just and proper may very kindly be issued in the circumstances of the case.

3. OA/404/2025

a. allow the instant Original Application;

b. quash the impugned order no. ZEO/MP/1687-91 dated 31- 12- 2024 passed by the respondents which has been passed by the respondents during the pendency of T.A./187/2024 and T.A.237/2024, which further amounts to criminal contempt on the part of the respondents;

c. Commanding and directing the respondents no. 3 to 6 to pay/release wages in favour of the applicant, along with interest, which has been illegitimately withheld due to mala- fide on the part of the respondents of the year 2020, 2024 and from January 2025 till date and regularly thereafter;

d. Commanding and directing the concerned respondents to regularize the services of the applicant w.e.f. 28-10-1998 or in the alternative w.e.f 30-07-2015, as the services of the similarly situated who are much juniors to the applicant were regularized in terms of SRO 308-2008 dated 16-10- 2008 in the month of July, 2015 and accordingly fix the seniority of the applicant and further to grant all consequential benefits to the applicant along with monetary benefits along with interest;

e. Commanding and directing the respondents to produce the entire service record as well as entire attendance record of the applicant f. Quashing the communication dated 24-08-2011 issued by concerned respondent to the extent the same prescribes the maximum age for the regularization of contingent /local fund paid employees;

g. To initiate criminal contempt proceedings against the erring respondents;

h. ANY other order or direction which this Hon’ble Tribunal may deem fit or proper as per the facts and circumstances of the case.

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

b) The applicant, Sanjay Kumar, claims that he was engaged on 28.10.1998 as a Waterman-cum-Sweeper in Government Model Middle School, Mahanpur, District Kathua. According to him, he joined duties on the same day and started performing his work in the school. The applicant states that from the date of his engagement h