HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Reserved on: 08.12.2025 Pronounced on 18.12.2025 Uploaded on 18.12.2025

Whether the operative part or full

judgment is pronounced: Full Judgment

CJ Court:

WP(C) No. 3456/2025

CM No. 7863/2025

UT of J&K and ors. …Petitioner(s)/Appellant(s)

Through: Mrs. Monika Kohli, Sr. AAG

v/s

Rattan Chand …. Respondent(s)

Through:

CORAM: HON’BLE THE CHIEF JUSTICE

HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE.

JUDGMENT

-

‘Oswal J’

1. The respondent was engaged as a „Turncock‟ in December 1993 in the

Public Health Engineering Department by petitioner No. 3 as a „Daily Wager‟. In the year 2005, he initially filed a writ petition, bearing SWP No. 1689/2005 for regularization of his services under SRO 64 of 1994. The said writ petition came to be disposed of vide order dated 14.07.2009, whereby the respondents therein i.e. the petitioners were directed to accord consideration to the case of the respondent for regularization of his

services in terms of SRO 64/1994 and pass appropriate orders within a period of four weeks.

2. Upon failure to comply with the order dated 14.07.2009, the respondent filed a contempt petition bearing COA(S) No. 44/2010. During pendency of the contempt petition, respondent No. 2 vide its communication dated 27.02.2015 issued a continuity certificate in terms of SRO 64 of 1994 certifying that the respondent had been working as a „Daily Rated Worker‟ since December, 1993 and the matter was taken up with the Administrative Department for regularization of services of the respondent. The Administrative Department, i.e. the petitioner No.1, forwarded the case to Planning and Development Department. Planning and Development Department vide note dated 03.03.2014 accorded concurrence to the creation of one post, subject to clearance of Finance Department and approval of State Cabinet in respect of age/qualification, if required. However, the Department of Finance returned the file vide note dated 04.06.2014 with some observations, including the one that initial engagement order or the muster roll/HR, whereunder the initial wages have been drawn in favour of respondent, to establish the status of the respondent, be furnished. After the requisite information was submitted to the Department of Finance, yet again, the Department of Finance vide note dated 21.01.2015 returned the file to petitioner No.1 to place on record the speaking order certifying the „Daily Rated Worker‟ status of the respondent right from 12/1993. The speaking order dated 27.02.2015/continuity certificate was forwarded to petitioner No.1 by petitioner No.2 for onward submission to the Department of Finance. The Department of Finance, vide its note dated 22.11.2016, opined that the respondent held the status of a “Casual labourer” and accordingly, petitioner No. 2 rejected the claim of the respondent for regularization under SRO 64 of 1994 vide order dated 25.01.2017.

3. Aggrieved by the said order, the respondent filed the writ petition bearing SWP No. 280/2017 for quashing the order dated 25.01.2017 passed by petitioner No. 2 and for regularization of his services under SRO 64 of 1994. The said writ petition was subsequently transferred to the Central Administrative Tribunal, Jammu (hereinafter to be referred as „the Tribunal”), and re-numbered as Transferred Application No. 61/30/2024.

4. In the objections filed by the petitioners to the Transferred Application, it was stated that the claim of the respondent was referred to the Administrative Department and thereafter, considered by the Empowered Committee, which found that the respondent had been working as a “Casual Labourer” and was, therefore, not covered under the provisions of SRO 64/1994. Consequently, his claim was rejected vide order dated

25.01.2017.

5. The learned Tribunal, by its order dated April 8, 2025, allowed the Transferred Application and directed the respondents (the petitioners herein) to regularize the services of the respondent in accordance with SRO 64 of 1994, c