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HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

CJ Court WP (C) No. 3351/2025

Reserved on: 17.12.2025

Pronounced on: 30.12.2025

Uploaded on: 30.12.2025

Whether the operative part or full judgment

is pronounced: Full judgment.

1. UT of J&K Th. Chief Secretary,

Government of J&K, Civil Secretariat,

Jammu

2. Commissioner/Secretary to Govt. Finance

Department, Government of J&K, Civil

Secretariat, Jammu

3. Director Accounts and Treasuries,

Finance Department, Civil Secretariat,

Jammu.

…..Appellant(s)/Petitioner(s)

4. Deputy Commissioner (Stamps), Jammu

Through: Ms. Monika Kohli, Sr. AAG.

Vs

Irfan Javed S/O Sh. Gulzar Ahmed Lone,

R/O Azmathad, Tehsil Thanamandi, District

Rajouri

.…. Respondent(s)

Through: Mr. Rohit Kohli, Sr. Advocate with

Mr. Raghav Gaind, Advocate for

respondent/caveator

CORAM: HON’BLE THE CHIEF JUSTICE

HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

JUDGMENT

1. The petitioners are aggrieved by the order dated 11.09.2024 passed by the

learned Central Administrative Tribunal, Jammu Bench (for short „the

WP(C) No. 3351/2025 Page 1 of 13

Tribunal') in Transferred Application No. 61/8783/2020, titled “Irfan

Javed vs. UT of J&K and others”, whereby the learned Tribunal has

disposed of the Transferred Application by directing the petitioners to

regularise the services of the respondent with all consequential monetary

benefits, having regard to the observations made in the order, within a

period of eight weeks.

2. In the year 2011, the respondent filed a writ petition, being SWP No.

1379/2011, which was later transferred to the Central Administrative

Tribunal and renumbered as T.A. No. 61/8783/2020. Through the said

writ petition, the respondent sought a direction to the petitioners to

consider his case for regularization or permanent absorption to the post of

Assistant Tehvildar. The respondent further prayed for issuance of a

restraint order against the petitioners from terminating or otherwise

disturbing his services, which he had held since 1999 and also sought

payment of wages at par with regular employees by invoking the doctrine

of "equal pay for equal work".

3. Respondent sought the aforesaid reliefs by asserting that he was initially

appointed as Assistant Tehvildar in the Office of Deputy Commissioner

(Stamps), Jammu vide order dated 22.03.1999 as a temporary arrangement

for a period of 89 days or till a trained cashier was posted, whichever was

earlier. Subsequently, the Deputy Commissioner (Stamps), Jammu-

petitioner No. 4, vide communication dated 27.08.1999, requested the

Director Accounts and Treasuries, Finance Department, Civil Secretariat,

Jammu-petitioner No. 3 to clarify the position as to whether the

respondent was required to be relieved from the post upon completion of

WP(C) No. 3351/2025 Page 2 of 13

89 days or he could be allowed to continue till the post was filled up. In

response thereof, the petitioner No. 3 intimated petitioner No. 4 that the

respondent be allowed to continue on the said post till the post was filled

up by the Service Selection Board. Accordingly, the respondent continued

to discharge duties on the said post. The respondent further asserted that,

upon the superannuation of Sh. Ghani Shyam Pandoh, Tehvildar, the

charge of Tehvildar was handed over to him, as reflected in the

communication dated 16.03.2004 and vide communication dated

21.10.2004, the Commissioner, Sales Tax requested the Principal

Secretary to Govt., Finance Department, Civil Secretariat, Srinagar to

sanction the deputation of three persons including the respondent to attend

the training course in respect of security products printed by India Press

and the method employed in detection of fake one at the India Security

Press Nasik with effect from 25.10.2004 to 27.10.2004, pursuant whereto

the respondent was deputed and attended the said training programme.

The respondent placed reliance on various instances to demonstrate that he

had been continuously working with the petitioners as Assistant Tehvildar

on consolidated basis and even the respondent figured at