ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The SWP No.823/2020 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.275/2020 by the Registry of this Tribunal.

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

I. Writ of Mandamus commanding the respondents to regularize the service of the petitioner in the department as helper being eligible from the date the petitioner completed the service of seven years as daily rated worker in terms of SRO 64 at par with the similar situated employee of the department who were appointed before 1994 and have been regularized from the date they completed their seven years’ service as daily rated worker.

II. With Further Writ of Mandamus commanding the respondents to release and pay the grade and all consequential benefits in favor of the petitioner commensurate to the post against which the petitioner is discharging the duties as Daily Rated Worker from the c completion of seven years i.e. with effect from 2000.

III. With Further Writ of Mandamus commanding the respondents to treat the petitioner as regular employee of the respondents with effect from 2000 as he completed his seven years in 2000 and settled all his benefits envisage under the Jammu and Kashmir Civil Services Regulation.

IV. Any other relief which the Hon'ble Court may deem just and proper in the facts and circumstances of the case may please be passed in favour of the petitioner.

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

a) The present Transfer Application has arisen out of SWP No. 823/2020, which was initially filed before the Hon’ble High Court of Jammu & Kashmir at Jammu and, upon transfer, came to be registered before this Tribunal as T.A. No. 275/2020.

b) The original applicant, namely Arvind Kumar, claimed to have been engaged by respondent No. 3 as a Daily Rated Worker for a period of 89 days in the month of July, 1993. During the pendency of the proceedings, the original applicant expired and the present applicants, being his legal heirs, namely his wife and children, have been brought on record to pursue the claim.

c) The case set up by the applicants is that the original applicant was continuously discharging duties as a Daily Rated Worker in the office of respondent No. 3 from July, 1993 onwards. It has been pleaded that he possessed the requisite qualification for appointment to a Class-IV post, being matriculate, and that his first wages were drawn vide CV No. 49 of August, 1993, while the wages for February, 1994 were drawn vide CV No. 524 of March, 1994.

d) The applicants have further pleaded that the original applicant continued to work uninterruptedly in the respondent-department for several years and completed seven years of service in July, 2000. According to the applicants, upon completion of seven years’ service, he became entitled to regularization in terms of SRO-64 of 1994, particularly when he had been engaged prior to the coming into force of the restrictions contemplated under the said Rules. It is their case that despite long and continuous service of about 27 years, the respondents failed to regularize his services or extend to him the consequential benefits attached to the post.

e) It has also been averred that the applicant had been performing duties required by the department and was being paid wages and benefits, including benefits similar to those extended to permanent employees from time to time. The applicants contend that the continued utilization of his services by the department itself demonstrated that his services were required, and therefore denial of regularization was arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India.

f) The applicants have further pleaded that respondent Nos. 2 and 3 had, from time to time, recommended the case of the original applicant for regularization in terms of SRO-64. It ha