Central Administrative Tribunal - Jammu
Man Kour vs Jal Shakti Department on 4 February, 2026
:: 1 :: O.A. No. 935/2025
-CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Original Application No. 935/2025
Reserved on:- 11.08.2025
Pronounced on: - 04.02.2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
Man Kour, age 45 years W/O Balbir Singh R/O Saranoo, Tehsil and
District Rajouri Pin: 185131 E-mail: [email protected]
...Applicant
(By Advocate: - Mr. Ashok Sharma)
VERSUS
1. Union Territory of J&K through, Commissioner Secretary, Jal
Shakti Department, Civil Secretariat, Jammu/Srinagar. PIN: 180001,
e-Mail: [email protected]
2. Chief Engineer, Jal Shakti Department, Jammu. PIN: 180001, е-
Mail: [email protected]
3. Superintending Engineer, Hydraulic (SE) Circle, Rajouri, PIN:
185131 e-Mail: [email protected]
Digitally signed by HARSHIT YADAV
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001,
L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office
HARSHIT YADAV
Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,
SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E=
[email protected], CN=HARSHIT YADAV
Reason: I am the author of this document
Location:
Date: 2026.02.05 12:36:31+05'30'
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4. Executive Engineer, Jal Shakti Department, Rajouri, PIN: 185131,
e-Mail: xenpherajouri(@gmail.com
5. Assistant Engineer, Sub-Division, Jal Shakti Headquarter, Rajouri,
PIN: 185131, e-Mail: [email protected]
6. Deputy Commissioner, Rajouri, PIN: 185131, e-Mail:
[email protected]
7. Er. Ashwani Khajuria, Executive Engineer, Jal Shakti (PHE)
Division, Rajouri, PIN: 185131, e-Mail: [email protected]
...Respondents.
(By Advocate: - Mr. Rajesh Thapa, AAG; Mr. Hunar Gupta, DAG)
Digitally signed by HARSHIT YADAV
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001,
L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office
HARSHIT YADAV
Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,
SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E=
[email protected], CN=HARSHIT YADAV
Reason: I am the author of this document
Location:
Date: 2026.02.05 12:36:31+05'30'
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ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -
a. Setting aside the order no. 44 dated 30/07/2022 passed by the non applicant no. 4 being illegal, arbitrary and against the mandate of Law.
b. Directing the non-applicants to grant applicant all the benefits granted in the other cases similarly situated to the applicant, discriminating the applicant.
c. Directing the non-applicants no. 1, 2 and 3 to take departmental action against non-applicant no. 7 for misusing his official position and making the false affidavit/statement of facts before the hon'ble Tribunal.
d. Directing for initiation criminal proceedings under S.193 IPC against non-applicant no. 7 for filling the false affidavit before Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 12:36:31+05'30' Foxit PDF Reader Version: 2025.2.0 :: 4 :: O.A. No. 935/2025 the hon'ble Tribulal dated 03/05/2023 that the applicant is not working with the department in any manner.
e. Any other relief which this hon'ble Tribunal deems fit and proper as per the facts and circumstances of the case in the interest of justice in favour of the applicant and against the non-applicants.
2. The facts of the case as averred by the applicant in her pleadings, are as follows:
a) The applicant, Smt. Man Kour, has approached this Tribunal aggrieved by the arbitrary rejection of her claim for regularisation and allied benefits by the respondents, particularly vide Order No. 44 dated 30.07.2022 passed by respondent No. 4. The applicant asserts that the impugned order is illegal, mala fide, non-speaking, and in flagrant disregard of binding judicial directions as well as the admitted factual record.
Digitally signed by HARSHIT YADAV
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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b) The applicant's grievance has its genesis in the year 2001 when the Public Health Engineering (now Jal Shakti) Department commenced construction of a dug well under the Godhar Water Supply Scheme on land bearing Khasra No. 1405 situated at Village Saranoo, Tehsil and District Rajouri, which undisputedly belongs to the applicant's family. The construction was completed in the year 2004. At the time of taking over the land, the departmental authorities assured the applicant's family that one member would be adjusted in the department against the land so utilised.
c) Despite repeated requests, the assurance was not honoured immediately. Ultimately, in January 2007, the applicant was engaged as a casual labourer and was made to work continuously on the said scheme, with a further assurance that her services would be regularised in due course. The applicant continued to discharge her duties uninterruptedly and performed all tasks assigned to her by the department. Digitally signed by HARSHIT YADAV
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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d) The applicant submits that though she worked continuously from January 2007 onwards, she was neither regularised nor paid wages commensurate with her work. On several occasions, she was asked to complete formalities and submit documents, which she did. However, on one pretext or the other, the respondents kept her claim pending.
e) In the year 2013, the respondents insisted that unless the land under the dug well was formally transferred in favour of the department, her case for regularisation would not be processed and even her wages would not be released. Acting on this insistence, the applicant's father-in-law got Mutation No. 853 attested, transferring one kanal of land in favour of the PHE Department. The Khasra Girdawari was also recorded accordingly in the name of PHE Division, Rajouri.
f) Thereafter, the applicant submitted a detailed representation dated 24.04.2014 before respondent No. 4, specifically pointing out that a dug well and pump room had been constructed on her land and seeking processing of her case for regularisation. Digitally signed by HARSHIT YADAV
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 12:36:31+05'30' Foxit PDF Reader Version: 2025.2.0 :: 7 :: O.A. No. 935/2025 Respondent No. 4 called for a factual report from respondent No. 5, who confirmed the applicant's claim on the backside of the said representation. However, no further action followed.
g) Again, respondent No. 5 forwarded the applicant's case to respondent No. 4 vide communication dated 29.05.2014, explicitly recommending engagement/regularisation against the land donated by the applicant. This was followed by another communication dated 27.08.2015, forwarding the applicant's case along with the prescribed proforma. Respondent No. 4, in turn, forwarded the case to respondent No. 3 with copies to respondent No. 2 vide letter dated 13.05.2015.
h) Once again, vide communication dated 07.09.2015, respondent Nos. 4 and 5, along with other officers, resubmitted the applicant's case to respondent No. 3. Despite repeated official recommendations from the field officers, no decision was taken.
i) Left with no option, the applicant approached respondent No. 6 (Deputy Commissioner, Rajouri), who directed respondent No. 3 to take appropriate action. Consequently, respondent No. 3 Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 12:36:31+05'30' Foxit PDF Reader Version: 2025.2.0 :: 8 :: O.A. No. 935/2025 directed respondent No. 4 on 14.11.2017 to furnish the complete case, followed by endorsement No. 1169 dated 22.11.2017. Even earlier, in 2015, the applicant had approached the then PHE Minister, but to no avail.
j) The applicant asserts that she was deliberately exploited by the respondents: on one hand, she was made to work continuously without payment of even minimum wages as mandated under the Minimum Wages Act; on the other hand, she was cautioned not to disclose her continuous engagement, failing which her "land case" would not be settled.
k) The applicant further pleads that numerous similarly situated persons, whose land was utilised by the department, were engaged and regularised as "land cases" from time to time since 2001. The denial of similar treatment to the applicant amounts to hostile discrimination and violates Articles 14 and 16 of the Constitution of India.
l) The applicant attained the age of 45 years while waiting for regularisation, which became due either from the date of her Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 12:36:31+05'30' Foxit PDF Reader Version: 2025.2.0 :: 9 :: O.A. No. 935/2025 engagement in 2007 or, at the very least, upon completion of seven years of continuous service in 2014, in terms of the prevailing policy. She claims entitlement to retrospective regularisation, age relaxation, and all consequential benefits, which were denied solely due to the inaction of the respondents.
m) When her representations yielded no result, the applicant approached the Hon'ble High Court of J&K and Ladakh by filing WP(C) No. 3117/2019. Upon transfer to this Tribunal, it was registered as T.A. No. 61/1223/2020. This Tribunal, vide order dated 17.09.2020, directed respondent Nos. 1 to 6 to consider the applicant's case in terms of the existing policy within three months. Subsequently, vide order dated 10.03.2022, the word "continuance" was substituted with "regularisation".
n) Despite the clear directions of this Tribunal, respondent No. 4 (then holding the post) passed Order No. 44 dated 30.07.2022 rejecting the applicant's claim, alleging that she was not working with the department in any capacity. Shockingly, this Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 12:36:31+05'30' Foxit PDF Reader Version: 2025.2.0 :: 10 :: O.A. No. 935/2025 order was not communicated to the applicant and surfaced only on 05.02.2024 when a compliance report dated 03.05.2023 was filed in Contempt Petition No. 61/98/2023.
o) The applicant contends that respondent No. 7 filed a false affidavit before this Tribunal stating that the applicant was not working with the department, despite the existence of departmental records (attendance registers/log books from 01.12.2007 to 31.12.2018 and thereafter) clearly establishing her continuous engagement. This false statement resulted in the disposal of the contempt petition and caused grave prejudice to the applicant.
p) According to the applicant, the impugned order is not only contrary to record and law but is also the result of deliberate misrepresentation, warranting departmental action and criminal prosecution under Section 193 IPC (now Section 229 BNS).
Having no other efficacious remedy, the applicant has filed the present OA seeking appropriate relief.
Digitally signed by HARSHIT YADAVDN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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3. The respondents have filed their written statement wherein they have averred as follows: -
a) The respondents have filed their written statement raising preliminary objections and denying the claims of the applicant.
At the outset, it is contended that no statutory, legal, or fundamental right of the applicant has been infringed and, therefore, the Original Application is not maintainable and deserves dismissal.
b) It is pleaded that the applicant has raised disputed questions of fact, which cannot be adjudicated in proceedings under Section 19 of the Administrative Tribunals Act. It is further asserted that the applicant has no locus standi, no enforceable right, and no subsisting cause of action.
c) The respondents allege that the applicant has not approached the Tribunal with clean hands and has indulged in misrepresentation and suppression of material facts, thereby rendering the OA liable to dismissal in limine on the principles of suppressio veri and suggestio falsi.
Digitally signed by HARSHIT YADAVDN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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d) On facts, the respondents admit that a dug well under the New Godhar Water Supply Scheme was constructed on the land of the applicant. However, it is contended that the applicant failed to submit the requisite land documents within time, and therefore, her case could not be considered for engagement in lieu of land donation.
e) It is stated that the applicant was required to transfer the land in favour of the department but allegedly delayed the process. By the time the case was formally submitted, the Government had imposed a blanket ban on all types of engagements vide Government Order No. 43-F of 2015 dated 17.03.2015.
f) The respondents admit that the applicant's case was forwarded to the Superintending Engineer, Hydraulic Circle, Rajouri vide letter dated 13.05.2015. However, the same was returned vide communication dated 28.02.2020 with instructions to keep all pending land cases in abeyance in view of the ban imposed by the Government.
Digitally signed by HARSHIT YADAV
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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g) It is further stated that the applicant had earlier filed SWP No. 3177/2019, which was transferred to this Tribunal and registered as T.A. No. 1223/2020. This Tribunal, vide order dated 17.09.2020, directed consideration of the applicant's case in terms of the existing policy.
h) In purported compliance with the Tribunal's directions, the respondents considered the applicant's case and, upon scrutiny of departmental records, concluded that the applicant was not working with the department as claimed. Accordingly, her claim was rejected by passing Order No. 44 dated 30.07.2022, which the respondents assert to be a speaking order.
i) The respondents further submit that the applicant filed Contempt Petition No. 98/2023, wherein a compliance report dated 03.05.2023 was submitted. The contempt petition was disposed of by this Tribunal on 05.02.2024, granting liberty to the applicant to avail appropriate legal remedy.
j) It is lastly contended that the present OA is essentially a repetition of the earlier proceedings and that the applicant is not Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 12:36:31+05'30' Foxit PDF Reader Version: 2025.2.0 :: 14 :: O.A. No. 935/2025 entitled to any relief under law. On these grounds, the respondents pray for dismissal of the Original Application.
4. Heard learned counsel for the parties and perused the pleadings made by them.
5. The applicant has approached this Tribunal invoking jurisdiction under Section 19 of the Administrative Tribunals Act, 1985, assailing Order No. 44 dated 30.07.2022 passed by respondent No. 4, whereby her claim for regularisation and allied benefits has been rejected. The applicant also seeks consequential reliefs on the ground that she has been continuously working with the department since January 2007 against a land case, but has been denied regularisation, wages, and equal treatment despite repeated representations and binding judicial directions.
6. The factual matrix, which substantially remains undisputed, reveals that a dug well under the Godhar Water Supply Scheme was constructed on the land belonging to the applicant's family. The land Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 12:36:31+05'30' Foxit PDF Reader Version: 2025.2.0 :: 15 :: O.A. No. 935/2025 was ultimately transferred in favour of the department through Mutation No. 853, and the revenue record stands mutated accordingly.
7. The applicant asserts continuous engagement as a casual labourer since January 2007. The record placed on file, including official communications, representations, and internal correspondence of the department, clearly demonstrates that the applicant's case was processed and recommended at various levels on multiple occasions between 2014 and 2017.
8. Despite these recommendations, no final decision was taken. The applicant was constrained to approach the Hon'ble High Court, and thereafter this Tribunal, resulting in a categorical direction dated 17.09.2020 (as modified on 10.03.2022) to consider her case for regularisation in terms of the existing policy.
9. The respondents, instead of meaningfully complying with the said directions, rejected the claim by Order No. 44 dated 30.07.2022, asserting that the applicant was "not working with the department in any manner".
Digitally signed by HARSHIT YADAV
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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10. The following issues arise for consideration:
i. Whether the impugned order dated 30.07.2022 satisfies the requirement of a reasoned and lawful decision in compliance with the Tribunal's earlier directions?
ii. Whether the applicant has established continuous engagement with the respondents sufficient to claim consideration for regularization? iii. Whether denial of regularisation, despite utilisation of land and long years of service, is arbitrary and discriminatory? iv. If regularisation is not permissible due to policy or statutory constraints, whether the applicant is entitled to compensation in lieu thereof?
11. A perusal of Order No. 44 dated 30.07.2022 reveals that it is based on a bald assertion that the applicant was not working with the department. The order does not discuss:
• the land transfer in favour of the department, • repeated official recommendations, Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 12:36:31+05'30' Foxit PDF Reader Version: 2025.2.0 :: 17 :: O.A. No. 935/2025 • attendance/log book records relied upon by the applicant, • nor the Tribunal's modified direction specifically requiring consideration for regularisation.
12. It is a settled principle that compliance with a judicial direction must be real, effective, and reasoned, and not a mere formality. The impugned order is therefore found to be non-speaking, mechanical, and legally unsustainable.
13. The respondents' plea that the applicant never worked with the department is belied by their own records. Official correspondence dated 13.05.2015, 07.09.2015, and subsequent endorsements unmistakably acknowledge the applicant's engagement and processing of her "land case".
14. Once the department itself has treated the applicant as a working hand and processed her case at multiple levels, it is impermissible to take a contrary stand after several years. The doctrine of approbate and reprobate squarely applies. The applicant has specifically pleaded, and the respondents have not denied, that several similarly situated Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 12:36:31+05'30' Foxit PDF Reader Version: 2025.2.0 :: 18 :: O.A. No. 935/2025 persons whose land was utilised by the department were engaged and regularised from time to time.
15. Selective denial of similar benefit to the applicant, without any distinguishing material, violates Articles 14 and 16 of the Constitution of India. Administrative convenience or subsequent policy restrictions cannot be used to defeat a legitimate and accrued consideration. The law on regularisation is well settled. While regularisation is not a mode of recruitment, the courts have consistently protected workers who have:
• worked for long durations, • been engaged against departmental requirement, • and whose engagement was not tainted by fraud or misrepresentation.
16. In the present case, the applicant's engagement arose out of utilisation of her land for a public utility. The department has enjoyed the benefit of the land and her labour for years. To deny her both employment and wages would amount to unjust enrichment by the State, which Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 12:36:31+05'30' Foxit PDF Reader Version: 2025.2.0 :: 19 :: O.A. No. 935/2025 is impermissible in law. At the same time, the Tribunal is conscious that policy constraints or statutory embargoes may presently exist. Therefore, a balanced relief is required to meet the ends of justice.
17. For the reasons recorded above, the Original Application is allowed in the following terms:
a) The impugned Order No. 44 dated 30.07.2022 is quashed.
b) The respondents are directed to regularize the applicant against an available post or by creation of a supernumerary post, strictly in terms of the policy applicable to land cases, within a period of three months from the date of receipt of this order.
c) If found eligible, the applicant shall be regularised with notional effect from the date she completed seven years of continuous service, with consequential service benefits.
Monetary benefits shall be restricted to actual entitlement as per rules.
Digitally signed by HARSHIT YADAVDN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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d) In the event regularisation is found legally impermissible, the respondents shall pay the applicant lump sum monetary compensation, quantified as:
• wages equivalent to a regular Class-IV employee for the period during which she actually worked, andan • additional compensation amount determined by the department, keeping in view the utilisation of her land and prolonged deprivation of livelihood.
e) Such compensation shall be released within three months, failing which it shall carry interest @ 6% per annum from the date it became due.
18. The Tribunal cannot permit a situation where the State enjoys the benefit of a citizen's land and labour for years and thereafter disowns all responsibility. Equity, fairness, and constitutional governance demand that the applicant is either absorbed in service or adequately compensated.
Digitally signed by HARSHIT YADAVDN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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19. The Original Application is allowed in the above terms. No order as to costs.
(RAJINDER SINGH DOGRA) Judicial Member /harshit / Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 12:36:31+05'30' Foxit PDF Reader Version: 2025.2.0