DB dismisses appeal of PHE, directs regularization of daily rated workers



01/08/2024

JAMMU, Jul 31: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Acting Chief Justice Tashi Rabstan and Justice Puneet Gupta dismissed the appeal of UT, directed UT to regularize the services of writ petitioners on the analogy of persons who came to be regularized in March, 2006 in terms of SRO 64 of 1994.
This appeal is directed against the judgment dated 29.10.2013 delivered by the learned Single Bench in SWP No.838/2010, whereby the writ respondents were directed to pass fresh order for the purposes of regularizing the services of writ petitioners.
The facts-in-brief are that the writ petitioners came to be appointed as Daily Wagers/Daily Rated Workers between the years 1986 to 1994. The writ respondents vide Government Order No.138-PW(Hyd) of 2006 dated 17.02.2006 regularized the services of various daily rated workers of various divisions of Jammu, Doda, Reasi etc. after completion of seven years of their services, but the petitioners and other similarly situated persons were left out though they had also completed seven years of service. Feeling aggrieved, the writ petitioners filed SWP No.838/2010. In the said petition, learned AAG sought disposal of the petition on the ground that the writ respondents be directed to consider the case of writ petitioners for regularization in case they were eligible under rules. Accordingly, the said writ petition came to be disposed of on 28.12.2010 with a direction to the writ respondents that if the writ petitioners have completed seven years of service as provided under SRO 64 of 1994, regularization orders would be issued in their favour within a period of one month. Compliance report was directed to be filed on 01.04.2011, for which the index of the case was directed to maintained and listed on 01.04.2011.
DB after hearing both the sides observed that any casual labourer, who has continued for a fairly long spell, a presumption would arise that there was a regular need for his services and in such a situation, a person cannot be deprived of right of regularization, which he has earned by serving the Department for more than seven years on the plea that he was only a casual labour and not a daily rated worker entitled to be regularized in terms of SRO 64 of 1994.
DB after quoted various judgments of Apex Court, observed that "we are not inclined to take a view other than the one taken by the Single Judge". Accordingly, the appeal is dismissed and the judgment/order of learned Single Judge is upheld. Appellants/writ respondents to regularize the services of writ petitioners on the analogy of persons who came to be regularized in March, 2006 in terms of SRO 64 of 1994, DB held.
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