Central Administrative Tribunal - Jammu
Nazar Mahmood vs Animal And Sheep Husbandry Department on 2 December, 2025
1
CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH
Transfer Application No. 55/2023
in WP(C) No. 344/2022
Date of Order: This, the 02nd day of December, 2025
HON'BLE MR. RAJINDER SINGH DOGRA, JUDICIAL MEMBER
HON'BLE MR. RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER
Between
1. Nazar Mahmood, Aged 52 years,
S/o Mohd. Saleem R/o Badhoon,
Tehsil & District Rajouri.
2. Babu Hussain, Aged 45 years,
S/o Mohammad, R/o Badhoon,
Tehsil & District Rajouri.
.....Applicants
-VERSUS-
1. Union Territory of Jammu & Kashmir through
The Principal Secretary, Department of Animal and
Sheep Husbandry, Civil Secretariat, Jammu/Srinagar.
2. The Director, Animal Husbandry Department, Jammu.
3. Chief Animal Husbandry Officer, Rajouri.
.....Respondents
Advocate for applicant(s): Mr. H.R. Qureshi
Advocate for respondent(s): Mr. Rajesh Thapa, Ld. AAG
T.A. No. 55/2023
in WP(C) No. 344/2022
Digitally signed by
SOURABH KUMAR
2
ORDER
PER MR. RAJINDER SINGH DOGRA, MEMBER (J):
It has been submitted by the learned counsel for the applicants that since the issue involved in this case is identical one, therefore, applicants' prayer to join together in a single application may be allowed; and is, therefore, allowed.
2. The applicant had initially approached the Hon'ble High Court of Jammu and Kashmir at Jammu filing the writ petition which was later on transferred to this Tribunal registered as T.A. No. 55/2023, seeking therein the following reliefs:
A. Writ of Mandamus So as to command and direct the respondents to regularize the services of the petitioners in the Department having being working labourers with the respondents since 16.09.1993 and 19.06.1995, as such, the petitioners are entitled for the same under law.
B. Further Writ of Mandamus:-
So as to command and direct the respondents not to disturb the service status of the petitioners being working as casual labourers with the respondents since 16.09.1993 and 19.06.1995 without adopting due course of law.
AND Any other writ Order or direction which this Hon'ble Court deems fit and appropriate in the peculiar facts and circumstances of the case may also be issued in favour of the petitioner in the interest of justice.
The facts of the case as projected by the applicants in the T.A. are as follows:-
T.A. No. 55/2023 in WP(C) No. 344/2022 Digitally signed by SOURABH KUMAR 31. That the petitioner No. 1 namely Nazar Mahmood was engaged as Casual Labour vide Order No. Estt-280/3628-30 dated 16.09.1993 passed by the respondent No. 3 and was duly approved by the respondent No.2 vide his order No. Estt-494/3212 dated 19.06.1995 and since then as on date, the petitioner No. 1 has been working continuously at the Office of Assistant Manager Equine Breeding Farm Badhoon as Casual Labour to the utmost satisfaction of his superiors.
2. That the petitioner No.2 namely Babu Hussain was also engaged as Casual Labour vide Order No. Est-6/1654-56 dated 01.07.1995 passed by the respondent No.3 after the due approval of the respondent No.2 vide his Order No. Est-
494/3212 dated 19.06.1995 and since then as on date, the petitioners have been working on regular basis as casual labour at the Office of Assistant Manager Equine Breeding Farm Badhoon to the utmost satisfaction of their superiors/officers concerned.
3. That the petitioners have been working as Casual Labourers at the Office of Assistant Manager Equine Breeding Farm Badhoon since 16.09.1993 & 01.07.1995 for the work of "Watch and Ward/Maintenance of Equine Breeding Farm."
4. That the petitioners had previously approached the Hon'ble High Court through the medium of a writ petition bearing WP(C) No. 1983/2021 titled "Nazar Mahmood & Anr. v/s UT of J&K & Ors." seeking release of pending wages w.e.f September 2019 for the services rendered by them as casual labourers and the Hon'ble High Court was pleased to dispose of the same in favour of the petitioners vide order dated 20.09.2021. The operative part of the order dated 20.09.2021 is reproduced herein as under:
"In view of the above, this writ petition is disposed of at this stage itself by directing the respondents to release the wages of the petitioners for the period they have performed their duties strictly in accordance with the rules governing the field within a period of eight weeks from the date, copy of this order is made available to the respondents."
5. That it is pertinent to mention herein that till date respondents have not paid the admitted wages to the petitioners for their services rendered with the respondents T.A. No. 55/2023 in WP(C) No. 344/2022 Digitally signed by SOURABH KUMAR 4 and for the non-compliance of the order dated 20.09.2021 passed by the Hon'ble High Court, the petitioners have also filed contempt petition bearing CCP(S) No. 319/2021 titled "Nazar Mahmood & Anr. v/s UT of J&K & Ors." which is still a pending adjudication before this Hon'ble Court.
6. That the respondents are now seeking to disengage/terminate the services of the petitioners as casual labourers, as the respondents are not interested to release the pending wages in favour of the petitioners w.e.f September 2019 till date and the petitioners are not being allowed to mark their attendance in their register for past few days.
7. That it is further submitted that the petitioners have been working with the respondents for last more than 25 years are entitled for regularization under law, but the respondents are now interested to engage new casual labourers in place of the petitioners, which is not permissible under law. It is a settled law that casual/adhoc worker cannot be replaced by another casual/adhoc worker.
8. That the respondents are adopting different yardsticks in the case of the petitioners, as the respondents are required to accord consideration to the case of the petitioners for regularization of their services in the department having being worked as casual labourers at the Office of Assistant Manager Equine Breeding Farm Badhoon for last more than 25 years. The same can be considered on the same analogy as has been adopted in the case of the similarly situated employees by the respondents, wherein their services were regularized by the respondents after completion of their minimum prescribed service.
9. That the petitioners had also submitted a representation dated 14.11.2021 to the respondents to accord consideration for regularization of their services and to release the pending wages w.e.f September 2019 in favour of the petitioners, but nothing substantial has been done by the respondents till date to redress the genuine grievance of the petitioners.
10. That the case of the petitioners for regularization of their services can be considered by the respondents in the light of SRO 64 of 1994 and SRO 520 of 2017, as the petitioners are entitled for the same being eligible and qualified having been working as casual labourers at the Office of Assistant Manager Equine Breeding Farm Badhoon for last more than 25 years till date.
T.A. No. 55/2023 in WP(C) No. 344/2022 Digitally signed by SOURABH KUMAR 52. Respondents have filed their reply/objection, wherein they have averred as follows:
I. That the applicants were engaged by Chief Animal Husbandry Officer, Rajouri as Casual Labourers in the year 1993 & 1995 in the office of Assistant Manager, Equine Breeding Farm, Badhoon. The services of the applicants were not utilized since October 2021 as reported by Chief Animal Husbandry Officer, Rajouri vide letter no. CHAOR/Est-38/2023-24/170 dated 01-05-2023. II. That petitioners were paid out of the funds under "Maintenance of Farm", District Plan (Capex) released by the District Development Commissioner, Rajouri of Erstwhile State of J&K till 2019, as reported by Chief Animal Husbandry Officer, Rajouri vide letter No. CAHOR/E-38/2021-22/1835 dated 04-12-2021. After coming into existence of UT of Jammu and Kashmir, the funds were not released by the District Development Commissioner, Rajouri due to which wages could not be released in favour of petitioner.
III. That Aggrieved of this, the petitioner filed WPC No.1983/2021 titled Nazar Mahmood and Ors. Vs UT of Jammu & Kashmir which was disposed of by the Hon'ble Court on 20/09/2021 with the directions reproduced as under:
"This writ petition is disposed of at this stage itself by directing the respondents to release the wages of the petitioners for the period they have performed their duties strictly in accordance with the rules governing the field within a period of eight weeks from the date, copy of this order is made available to the respondents."
IV. That alleging non-compliance of the order dated 20-09- 2021 the petitioners filed CCPS No 319/2021 titled Nazar Mahmood and Ors vs Navin Kumar Choudhary, Principal Secretary Animal Husbandry & Ors. in which interim order dated 28-06-2022 was issued which is reproduced as under:
"The petitioners have not got their wages despite the direction of this Court. Mr. Doifode Sagar Dattatray, respondent no. 2, presently serving as T.A. No. 55/2023 in WP(C) No. 344/2022 Digitally signed by SOURABH KUMAR 6 Director, Animal Husbandry Department, Jammu, is hereby directed to release the wages of the petitioners in terms of judgment dated 20.09.2021 within a period of two weeks from the date of certified copy of this order is served to the respondent no. 2 i.e Director, Animal Husbandry Department, Jammu, in his office by the petitioners, failing which the personal appearance of Mr. Doifode Sagar Dattatray, respondent no. 2, in the case would be ordered.
List this on 18.08.2022."
V. That in reference to order dated 28-06-2022 of Hon'ble Court, the matter was taken up with the Administrative department for release of Rs 3.16 lacs for meeting out the pending claims of the petitioners as onetime exception. The instructions issued vide this order were applied partially as during relevant period, funds to the extent of Rs. 2.16 lacs alone became available and matter was taken up with the Administrative department for release of balance funds.
VI. That the petitioners in the said writ petition also pleaded that their case for regularization be considered in reference to SRO 64 of 1994 and SRO 520 of 2017 while fact is SRO 64 does not apply to the casual labourers and is applicable to daily rated workers only and petitioners do not fulfil the conditions like qualification, continuity in service etc. as prescribed in SRO 520. Hence are not eligible to be considered under said SROs. Learned counsel for the respondents has, therefore, prayed that this petition lacks merit and deserves to be dismissed.
3. However, in support of his contentions, learned counsel for the applicant has placed reliance on decision rendered by the Hon'ble High Court of J&K in case of State of J&K Vs Mst. Zarina Begum and other connected appeals T.A. No. 55/2023 in WP(C) No. 344/2022 Digitally signed by SOURABH KUMAR 7 arising out of LPA(SW) No. 158/1996, wherein the Hon'ble High Court has held as under:
"26. No response was filed in the writ petition when the order impugned dated 29.6.1996 came to be issued by the writ court, allowing the petition and ordering the re- engagement of the petitioners on the ground that the services of the petitioners could not have been dispensed with inasmuch they had completed 240 days within the meaning of Sec. 25-F of Industrial Disputes Act and that the oral termination of the petitioners' services was illegal and that the services could have been dispensed with only in accordance with the procedure prescribed by law.
28. What is important to note here is the fact that no response was filed to the writ petition before the writ court. Neither before the writ court nor before this Court in the memo of appeal, as it is the case of the appellants that the Buff Breeding Farm where the petitioners had been engaged had closed down where the services of the petitioners were no longer required. Services of daily wagers/casual labourers were required at the Buff Breeding Farm on account of the lack of human resource at the said farm.
It is also not the case of the official on respondents that vacancies had been filled up regular basis and that the services of the petitioners were no longer required. If that be so, the assertion of the petitioners that they were disengaged with a view to accommodate others in their place cannot be brushed aside especially when the official respondents did not take a specific stand that no further engagement of casual labourers or daily wagers was ever ordered after the disengagement of the petitioners.
29. The fact that the nomenclature of the order of engagement of the petitioners reflected them to be casual labourers would not in any manner make any material difference if the petitioners had been made to work regularly to perform their duties which they were performing at the farm."
4. Further, in the case of Ashok Kumar Vs. State of J&K and Ors. 2003(II) SLJ 475, a Division Bench of the Hon'ble High Court of J&K while dealing with the rights of daily T.A. No. 55/2023 in WP(C) No. 344/2022 Digitally signed by SOURABH KUMAR 8 wagers for regularization in terms of SRO 64 held that a daily rated worked engaged prior to 31.03.1994 was eligible for regularization after rendering seven years of service. The said judgement also dealt with the situation where a daily wager may not, strictly speaking, be covered by SRO 64 of 1994 but could be considered for regularization in terms of Govt. Order No. 1285-GAD of 2001 dated 06th of November, 2001 which reads as under:
Government Order No: 1285-GAD of 2001 Dated: 06.11.2001 "Whereas, in the writ petition No. SWP 283/94 titled Uttam Singh, (who was working on a class TV post on adhoc basis) V/s State of Jammu & Kashmir and others, and connected writ petitions, the Hon'ble High Court of J&K vide its judgment dated 12.02.1998 inter alia observed as under:-
"I am of the opinion that he becomes entitled to regularization in terms of Rules of 1994. The stand taken by respondent-State that the petitioner was an adhoc employee, and therefore, he would not be entitled to regularization, cannot be sustained. The case of an adhoc employee cannot be worse than a daily rated worker. The observations made by the Supreme Court of India in the case of "State of Haryana v. Plara Singh", AIR 1992 SC 2130 would also be attracted........"
"...... The petitioner, Uttam Singh, shall be entitled to continuity of service. He would also be entitled to all back wages and other consequential benefits."
Whereas, under the Jammu & Kashmir | Daily Rated Workers Regularization Rules, 1994, a daily rated worker engaged prior to 31.01.1994 is eligible for regularization after seven years of continuous service.
T.A. No. 55/2023 in WP(C) No. 344/2022 Digitally signed by SOURABH KUMAR 9Whereas, a number of appointments have also been made on adhoc basis in different Government Departments and the Government is of the view that their cases also need be considered in the light of the broad principles discussed by the Hon'ble High Court in its judgment referred to above i.e. they be also considered for regularization after putting in seven years continuous service like daily wagers appointed prior to 31.1.1994.
Now, therefore, it is hereby ordered that all adhoc appointees to non-gazetted posts recruited from time to time beyond 29.12.1988 till the date of issue of this order who are still in service be considered for regularization after completing seven years of continuous service from the date of appointment dispensing with reference of posts held by them to Service Selection Board......."
5. Learned counsel for the applicant has further drawn attention to Order dated 25.02.2022 passed by Hon'ble High Court, which is as follows:
Order "Issue notice to the respondents.
List on 04.05.2022.
Till next date of hearing before the Bench, the present status of the petitioners shall not be disturbed."
Learned counsel for the applicants has further drawn attention to Order dated 16.03.2024 passed by this Tribunal in T.A. 41/2023 with CCP 114/2022, whereby the learned counsel for the respondents had contended as follows:
"Mr. Rajesh Thapa, learned A.A.G. submitted that since the applicants have been disengaged as casual labourers by the concerned department, therefore there is no question of allowing them to mark their attendance in the office of respondent no. 3, on the other hand Mr. MR Qureshi, learned counsel for the applicants is disputing the disengagement of the T.A. No. 55/2023 in WP(C) No. 344/2022 Digitally signed by SOURABH KUMAR 10 applicants and submitted that they are still working in the office of respondent no. 3.
In order to cut short the controversy, Mr. Rajesh Thapa, learned A.A.G. shall produce the disengagement order of the applicants within three weeks time."
6. Learned counsel for the applicants has vehemently stated that the present applicants are entitled for grant of regularization under SRO 520 of 2017, an excerpt of which is reproduced hereinbelow:
Government of Jammu and Kashmir Finance Department Civil Secretariat, Srinagar/Jammu Notification Jammu, the 21st December, 2017 SRO-520, In exercise of the powers conferred by the proviso to section 124 of the Constitution of Jammu & Kashmir, the Governor is pleased to make the following rules, namely:-
1. Short title and commencement-
(1) These rules may be called the Jammu & Kashmir Casual and Other Workers Regular Engagement Rules, 2017.
(2) These rules shall come into force with immediate effect.
2. Definitions.- In these rules, unless the context otherwise requires:
(a) "Administrative Department" means the concerned Department in the Civil Secretariat;
(b) "Aadhar Based Biometric Identification & Skill Profiling of CSLWs" means their online registration/uploading of information in pursuance to Government Order No. 126-F of 2016 dated 28.04.2016:
(c) "CSLW" means a casual, seasonal or other worker who has been engaged through an appointment order or otherwise on daily rated basis for rendering casual/seasonal services in a department;T.A. No. 55/2023 in WP(C) No. 344/2022 Digitally signed by SOURABH KUMAR 11
(d) "Empowered Committee" means the Committee to be constituted in the Finance Department in accordance with rule 6 of these rules;
(e) "Competent Authority" means the Government or any other authority to which the powers may be delegated;
(f) "Continuous Working" of a 'CSLW' means the working of a person after his initial engagement in a department continuously without any break except on account of holidays/Sundays and not more than two days break in a period of 90 calendar days;
3. Application of these Rules- (1) These rules shall apply to all CSLWs and other workers as defined in clause (e) and (i) of rule 2 of these rules who have been:
(a) engaged upto 17.03.2015, i.e. when powers to make such engagements were withdrawn vide Government Order No. 43-F of 2015 dated 17.03.2015 read with corrigendum issued vide No. A/Misc/2015/391 dated 20.03.2015.
(b) engaged after 17.03.2015 upto coming into force of the rules, in accordance with the procedure laid down vide Circular No A/Misc/2015/364 dated 17.03.2015 issued by the Finance Department.
(2) These rules shall not apply to a:-
(i) person engaged in any Department as part-time, contingent paid worker or any other worker drawing wages at rates lesser than the daily wage rates notified/ sanctioned by the Government from time to time.
(ii) person engaged on a tenure post or on academic arrangement for a fixed term in any Department.
(iii) person engaged in non-governmental agency or autonomous body or public sector undertaking or corporation or government company or society or other local authority which have their own rules and regulations governing their functioning.
(iv) person retired from any State / Central Government or any Autonomous body/ local body/ PSU in or outside the State except Ex-serviceman; and
(v) person working in any Department through any Manpower/ Private Placement Agency on contract or through outsourcing of services.
4. Eligibility for Regular Engagement:
(1) A CSLW shall be eligible for regular engagement under these rules on fulfillment of the following conditions that:-T.A. No. 55/2023 in WP(C) No. 344/2022 Digitally signed by SOURABH KUMAR 12
(i) he/she is a permanent resident of the State of Jammu & Kashmir as is defined under section 6 of the Constitution of Jammu & Kashmir
(ii) he/she possesses minimum educational qualification of 8th standard or above.
(iii) on the date of his/ her initial engagement, his/her age was within the minimum & maximum age limit as prescribed for appointment in Government service.
(iv) he/she must have completed ten years of continuous working.
Provided a seasonal worker must have completed 120 months of working in a department, in aggregate, in consecutive years with at least 6 months, in a year continuously irrespective of the total number of years in which he/she completes 120 months of seasonal service.
(v) His/her work & conduct is satisfactory & no disciplinary proceedings are pending against him/her.
(vi) he/ she must be continuing in the department as on date.
(2) The provisions of Article 35-A of the J&K CSRs shall apply to a CSLW in respect of the determination and the verification of age.
(3) The concerned Administrative Department shall have the powers to grant relaxation in the age/qualification for regular engagement of a CSLW on case to case basis.
5. Date of effect of regular engagement:-
(1) A CSLW shall be entitled to regular engagement after completing 10 years of continuous service with effect from 1"
January, of the year following which he completes the prescribed period of regular engagement;
(2) Notwithstanding anything contained in sub-rule (1), a seasonal worker shall be entitled to regular engagement after rendering continuous service of 120 months as defined under these rules with effect from 1" January of the following year in which he/she completes the prescribed period of seasonal service.
.........."
7. Heard the learned counsel for the parties and perused the materials on record. It is noted that respondents were granted time of three weeks on T.A. No. 55/2023 in WP(C) No. 344/2022 Digitally signed by SOURABH KUMAR 13 16.03.2024 to place the disengagement order of the applicants but they have failed to produce the same even after lapse of 1-1/2 years. Therefore, it is presumed that applicants are still working in the Department in light of status quo order granted by Hon'ble High Court on 25.02.2022. Further, the Hon'ble Supreme Court in case of Union of India v. S.L. Batra AIR 1973 SC 117 has held that continuous service without interruption may convert a temporary or fixed-term appointment into a de-facto permanent or regular appointment and likewise in Jaggo vs. Union of India (2024), the Hon'ble Supreme Court has emphasized that employees engaged continuously on a contractual or temporary basis, especially when serving essential functions, cannot be deprived of regularization merely due to the mode of their initial appointment and the judgment has underlined State's obligation to provide fair and stable employment conditions to employees who have served the government for a prolonged period, enhancing employee morale and minimizing unnecessary litigation and that the eligibility for regularization must be assessed based on the duration and nature of engagement, not just the nomenclature or technical classification of appointment T.A. No. 55/2023 in WP(C) No. 344/2022 Digitally signed by SOURABH KUMAR 14 and has quashed termination orders against long-serving employees engaged. Therefore, in the present case, the applicants have rendered continuous service in the department for more than 25-28 years which makes them entitled for grant of regularization and its consequential benefits.
8. Keeping in view the facts and circumstances of the case, and, rule position as well as taking into account the judgements delivered by the Hon'ble Apex Court and Hon'ble High Court of J&K in various cases, in our view, a right, thus exists in favour of the applicants for consideration of their regularization in terms of SRO 520 of 2017. Accordingly, we are allowing the TA with the following directions to the respondents:
(a) to regularize the service of the applicants from the date when they have completed ten years of their services from the initial engagement and to allow the petitioners to continue on the said post.
(b) Respondents are further directed to pay all salary, arrears and other consequential benefits, if not paid to them, in accordance with law.
9. The said exercise is directed to be completed within a period of three months from the date of receipt of a copy of this Order.
T.A. No. 55/2023 in WP(C) No. 344/2022 Digitally signed by SOURABH KUMAR 1510. Accordingly, T.A. stands allowed. There shall be no order as to costs.
11. Consequently, M.A. No. 552/2023 also stands disposed of.
12. Since interim order passed by the Hon'ble High Court is merged with the final order, hence, CCP No. 114/2022 is closed with a liberty to the petitioners to file at an appropriate stage, if needed.
(R.M. JOHRI) (R.S. DOGRA)
MEMBER(A) MEMBER (J)
/Sk/
T.A. No. 55/2023
in WP(C) No. 344/2022
Digitally signed by
SOURABH KUMAR