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[Cites 8, Cited by 0]

Central Administrative Tribunal - Jammu

Ashwani Kumar vs D/O Public Health Engineering Ut Of ... on 3 February, 2026

                                                                                        :: 1 ::      TA 1401/2020

                                     CENTRAL ADMINISTRATIVE TRIBUNAL
                                          JAMMU BENCH, JAMMU                                       (RESERVED)



                                                         Hearing through video conferencing

                                                      Transfer Application No. 1401/2020
                                                                      Reserved on: - 09.10.2025
                                                                     Pronounced on: - 03.02.2026

            HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
              HON'BLE MR. RAM MOHAN JOHRI, MEMBER (A)

          1. Ashwani Kumar, S/O Mango Ram R/O Village Fafal Tehsil and
             District Kathua, age 55 years.

          2. Jeet Singh, age 50 years S/O Sh. Ram Singh R/O Chadwal, Tehsil and
             District Samba.

          3. Sindvir Singh S/O Thakur Singh R/O Gurah Jattan Mandi, Tehsil
             Hiranagar District Kathua, age 37 years.

          4. Ravi Kumar Singh S/O Sh. Babishan Singh R/O Ward No. 10,
             Kathua, age 43 years.

          5. Rajnish Singh S/O Sh. Sewa Singh R/O Sawla P.O. Hatli, Tehsil and
             District Kathua.

          6. Parvez Ahmed S/O Sh. Dillawar Baksh R/O Bani Cowang district
             Kathua, age 42 years.

          7. Kaka Ram S/O Sh. Karam Chands R/O Bani Lowang District Kathua,
             Age 39 years.

          8. Darshan Kumar, S/O Sh. Amar Nath R/O Village Kandharnu, Tehsil
             Billawar District Kathua, age 40 years


          9. Yash Pal S/O Sh. Prem Chand R/O Thara Kalwal, Tehsil Billawar,
             District Kathua, age 40 years


            Digitally signed by HARSHIT YADAV



HARSHIT
            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 Jammu Jandk", Phone=
            f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,
            SERIALNUMBER=
            317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E=



 YADAV
            [email protected], CN=HARSHIT YADAV
            Reason: I am the author of this document
            Location:
            Date: 2026.02.04 11:35:09+05'30'
            Foxit PDF Reader Version: 2025.2.0
                                                                                         :: 2 ::       TA 1401/2020



          10.Kishore Kumar, age 45 years S/O Thirth Ram R/O Patyari Tehsil
             Hiranagar District Kathua.
                                                            ...Applicants

            (Advocate: - Mr. Ajay Abrol)



                                                                                        Versus



          1. State of Jammu and Kashmir through its Commissioner /Secretary,
             Irrigation and Flood Control Department, Civil Secretariat, Srinagar.

          2. Chief Engineer, Public Health Engineering Department, B. C. Road,
             Jammu.

          3. Superintending Engineer, PHE, Irrigation and Flood Control.

          4. Executive Engineer, PHE Civil Division, Kathua.

          5. Executive Engineer, PHE Mechanical Division, Kathua.

                                                                                                  ...Respondents

            (Advocate:- Mr. Rajesh Thapa, ld. AAG)




            Digitally signed by HARSHIT YADAV



HARSHIT
            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 Jammu Jandk", Phone=
            f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,
            SERIALNUMBER=
            317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E=



 YADAV
            [email protected], CN=HARSHIT YADAV
            Reason: I am the author of this document
            Location:
            Date: 2026.02.04 11:35:09+05'30'
            Foxit PDF Reader Version: 2025.2.0
                                                                                         :: 3 ::   TA 1401/2020



                                                                                        ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2182/2018 was transferred from the Hon'ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.1401/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon'ble High Court seeking following relief: -

a) To quash and set aside order No. PHEJ/CE/226/E of 2017 dated 27-07-2017 passed by the respondents wherein the claims of the petitioners have been rejected, by the issuance of a writ, order or direction, in the nature of certiorari.
b) To command and direct the respondents pay the wages of the petitioners from the date the said payment has not been released and continue to pay the same, by the issuance of a writ, order or direction, in the nature of Mandamus.
c) To command and direct the respondents to regularize the services of the petitioners on the basis of completion of more than seven years services along with all consequential benefits, in the nature of Mandamus.
d) And/or to pass any other writ, order or direction, which this Hon'ble Court may deems fit and proper in the present set of circumstances.

3. The facts of the case as pleaded by the petitioners in their pleadings are as follows: -

Digitally signed by HARSHIT YADAV

HARSHIT 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 11:35:09+05'30' Foxit PDF Reader Version: 2025.2.0 :: 4 :: TA 1401/2020
a) The present Transfer Application arises out of SWP No. 2182/2018, which was initially filed before the Hon'ble High Court of Jammu and Kashmir at Jammu and, upon transfer of jurisdiction, came to be registered as TA No. 1401/2020 before this Tribunal. The applicants are ten individuals, all similarly situated, who claim to have been engaged by the Public Health Engineering / Irrigation and Flood Control Department in District Kathua as permanent daily labourers.
b) The applicants assert that they were initially engaged by the respondent-department in or around the year 1994 and thereafter continued to discharge duties continuously and uninterruptedly for several years. According to the applicants, they performed duties of perennial nature under the control and supervision of the departmental authorities and were treated as part of the regular workforce, albeit without formal regularization.
c) Aggrieved by the inaction of the department in considering their claim for regularization, the applicants earlier approached the Hon'ble High Court by filing SWP No. 1124/2001 titled Yash Pal and others vs. State and others. The said writ petition Digitally signed by HARSHIT YADAV HARSHIT 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 11:35:09+05'30' Foxit PDF Reader Version: 2025.2.0 :: 5 :: TA 1401/2020 was disposed of by a learned Single Judge on 17.10.2001 with a direction to the respondents to consider the cases of the petitioners for regularization in light of the applicable law and judgments governing the issue.
d) The judgment of the learned Single Judge was carried in appeal by the State through LPA No. 457/2002. The Hon'ble Division Bench, by judgment dated 25.02.2015, dismissed the appeal and upheld the directions issued by the learned Single Judge, while specifically directing the State authorities to accord consideration to the cases of the applicants for regularization within a stipulated period.
e) Despite the aforesaid binding judicial directions, the applicants allege that the respondents failed to take any effective steps for regularization. Consequently, the applicants were constrained to initiate Contempt Petition No. 17/2016. During the pendency of the contempt proceedings, the respondents filed compliance reports, culminating in the issuance of Order No. PHEJ/CE/226/E of 2017 dated 27.07.2017, whereby the claims of the applicants for regularization were rejected. Digitally signed by HARSHIT YADAV

HARSHIT 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:

Date: 2026.02.04 11:35:09+05'30' Foxit PDF Reader Version: 2025.2.0 :: 6 :: TA 1401/2020
f) On the basis of the said compliance report, the contempt proceedings were dropped by the Hon'ble High Court on 29.08.2017, with the specific observation that, if the applicants were aggrieved by the order passed in purported compliance, they would be at liberty to challenge the same in appropriate proceedings. It is in this backdrop that the present writ petition, now transferred as a TA, came to be filed.

g) The principal grievance of the applicants is that the impugned order dated 27.07.2017 has been passed in a mechanical and arbitrary manner, ignoring the factual position reflected in the departmental records themselves. The applicants rely upon various communications, including the list forwarded by the Executive Engineer dated 03.03.2010, wherein several casual labourers, including the applicants, were shown to have worked continuously. They also rely upon the constitution of a departmental committee during the contempt proceedings, which allegedly verified their engagement and continuity of service.

h) It is the specific case of the applicants that they had completed more than seven years of continuous service, thereby fulfilling Digitally signed by HARSHIT YADAV HARSHIT 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:

Date: 2026.02.04 11:35:09+05'30' Foxit PDF Reader Version: 2025.2.0 :: 7 :: TA 1401/2020 the eligibility conditions contemplated under SRO-64 of 1994, and that denial of regularization despite such long engagement amounts to arbitrary, discriminatory, and unfair labour practice. The applicants further assert that, notwithstanding their continuous work, their wages were not released regularly after 2005, causing grave financial hardship.
i) The applicants thus assail the impugned order dated 27.07.2017 on the ground that it is contrary to the judicial directions issued earlier, violative of Articles 14 and 16 of the Constitution of India, opposed to the principles of natural justice, and based on an incorrect appreciation of facts relating to their engagement and continuity of service.

4. The respondents have filed their reply statement wherein they have averred as follows: -

a) The respondents, in their reply, have raised preliminary objections asserting that the present application is misconceived, devoid of merit, and not maintainable either in law or on facts. It is contended that the applicants have failed to establish infringement of any legal, statutory, or constitutional Digitally signed by HARSHIT YADAV HARSHIT 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 11:35:09+05'30' Foxit PDF Reader Version: 2025.2.0 :: 8 :: TA 1401/2020 right so as to invoke the extraordinary jurisdiction of this Tribunal.
b) The respondents do not dispute that the applicants were engaged as casual or seasonal labourers for certain periods;

however, it is categorically pleaded that such engagement was neither continuous nor uninterrupted. According to the respondents, the applicants were disengaged as early as July 2000 and, thereafter, did not perform any work under the department.

c) The respondents specifically contend that, as per the service particulars and records available with the department, the applicants did not complete seven years of continuous service prior to the cut-off date, namely 06.11.2001, which is a mandatory requirement for consideration under the relevant regularization policy. On this ground alone, the respondents submit that the applicants are not entitled to regularization.

d) It is further averred that the impugned order dated 27.07.2017 was passed after due consideration of the entire service record of the applicants and in compliance with the directions issued by the Hon'ble High Court. The respondents assert that the said Digitally signed by HARSHIT YADAV HARSHIT 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:

Date: 2026.02.04 11:35:09+05'30' Foxit PDF Reader Version: 2025.2.0 :: 9 :: TA 1401/2020 order represents a lawful and reasoned decision and does not suffer from arbitrariness or non-application of mind.
e) The respondents deny the allegation that the applicants continued to work after July 2000 or that they were illegally deprived of wages for periods during which they were not engaged. It is submitted that the communications relied upon by the applicants do not confer any vested right of regularization and cannot override the statutory requirements governing eligibility.
f) On these premises, the respondents pray for dismissal of the Transfer Application, contending that no enforceable right accrues to the applicants and that the impugned order does not warrant interference by this Tribunal.

5. Heard learned counsel for the parties and perused the material available on record.

6. The controversy in the present case lies in a narrow compass, namely, whether the impugned order dated 27.07.2017 rejecting the claim of the applicants for regularization can be sustained in law and whether Digitally signed by HARSHIT YADAV HARSHIT 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:

Date: 2026.02.04 11:35:09+05'30' Foxit PDF Reader Version: 2025.2.0 :: 10 :: TA 1401/2020 the applicants have been denied consideration in accordance with binding judicial directions and their own service record.

7. At the outset, it is not in dispute that the applicants were engaged by the respondent-department as daily wage/casual labourers in the year 1994. Their initial engagement and performance of duties is an admitted fact emerging from the pleadings as well as from the departmental records relied upon by the applicants themselves. The dispute raised by the respondents is essentially with regard to the continuity of service and completion of the requisite qualifying period.

8. The record reveals that the applicants had earlier approached the Hon'ble High Court in SWP No. 1124/2001, which culminated in a judgment dated 17.10.2001 directing the respondents to consider their cases for regularization. The said judgment was upheld by the Hon'ble Division Bench in LPA No. 457/2002 by judgment dated 25.02.2015, wherein a clear and categorical direction was issued to the State authorities to accord consideration to the cases of the applicants for regularization within a stipulated period.

9. The significance of the aforesaid judicial directions cannot be understated. Once the orders of the learned Single Judge and the Digitally signed by HARSHIT YADAV HARSHIT 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:

Date: 2026.02.04 11:35:09+05'30' Foxit PDF Reader Version: 2025.2.0 :: 11 :: TA 1401/2020 Division Bench attained finality, the respondents were duty bound to undertake a bona fide, objective, and meaningful consideration of the applicants' cases, strictly in accordance with law and on the basis of the material available on record.

10. It is also borne out from the record that during the contempt proceedings, a committee of officers was constituted by the department to verify the engagement and service particulars of the applicants. Various communications placed on record, including the list forwarded by the Executive Engineer in the year 2010, indicate that the applicants were shown as having worked continuously over the years. These documents emanate from the respondents themselves and were prepared in the course of official duty.

11. The impugned order dated 27.07.2017, however, proceeds to reject the claims of the applicants primarily on the premise that they were disengaged in July 2000 and that they had not completed seven years of continuous service as on the relevant cut-off date. The order, in our considered view, fails to deal with or reconcile the departmental records, committee verification, and contemporaneous communications which acknowledge the engagement and continuity of the applicants.

Digitally signed by HARSHIT YADAV HARSHIT 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:

Date: 2026.02.04 11:35:09+05'30' Foxit PDF Reader Version: 2025.2.0 :: 12 :: TA 1401/2020

12. More importantly, the impugned order does not reflect due application of mind to the mandate of the earlier judgments of the Hon'ble High Court. The exercise undertaken by the respondents appears to be a mere formality aimed at closing the contempt proceedings rather than a genuine compliance of judicial directions. Such an approach defeats the very purpose of the orders passed by the constitutional court and cannot be countenanced.

13. It is trite law that long and continuous engagement of daily wagers, particularly when verified by departmental records and committees, cannot be brushed aside by a bald assertion of disengagement without cogent material. The respondents, having themselves relied upon the services of the applicants for years together, cannot now take a hyper- technical stand to deny them consideration, especially when similarly situated persons have been extended the benefit of regularization.

14. The contention of the respondents that the applicants have no enforceable right also cannot be accepted in the facts of the present case. While it is true that regularization is not a matter of right, consideration for regularization in accordance with a policy and judicial directions certainly is. Denial of such consideration in an Digitally signed by HARSHIT YADAV HARSHIT 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:

Date: 2026.02.04 11:35:09+05'30' Foxit PDF Reader Version: 2025.2.0 :: 13 :: TA 1401/2020 arbitrary or mechanical manner offends Articles 14 and 16 of the Constitution of India.

15. Before parting with the matter, this Tribunal deems it appropriate to notice that the controversy involved in the present Transfer Application is no longer res integra. The applicants have placed on record a detailed judgment passed by this very Tribunal in Transferred Application No. 61/3013/2020 (Ashok Singh & Ors. vs. State of J&K & Ors.), decided on 08.07.2025, arising out of the same department, involving similarly situated daily wage/casual labourers engaged in the year 1994, whose claims for regularization were rejected by applying SRO-64 of 1994, despite long and continuous service.

16. In the said judgment, after an exhaustive consideration of departmental records, earlier High Court directions, Cabinet Decision of 2009, the Jammu & Kashmir Civil Services (Special Provisions) Act, 2010, and binding precedents including State of Karnataka vs. Uma Devi, State of Punjab vs. Piara Singh, and the recent decision of the Hon'ble Supreme Court in Jaggo vs. Union of India, this Tribunal categorically held that rejection of claims of such casual Digitally signed by HARSHIT YADAV HARSHIT 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:

Date: 2026.02.04 11:35:09+05'30' Foxit PDF Reader Version: 2025.2.0 :: 14 :: TA 1401/2020 labourers on the basis of SRO-64 was legally unsustainable, arbitrary, and violative of Articles 14, 16 and 23 of the Constitution of India.

17. It was further held therein that long and uninterrupted engagement extending over decades, duly reflected in departmental records and not controverted by any formal disengagement order, creates a legitimate expectation for regularization and entitles such employees not only to consideration but to actual grant of consequential reliefs, including regularization and payment of withheld wages.

18. The facts of the present case are indistinguishable from those considered in TA No. 61/3013/2020. The applicants herein were also engaged in the year 1994, have rendered long years of service under the PHE Department, their engagement stands verified through departmental communications and committee reports, and their claims were rejected by a mechanical application of SRO-64, notwithstanding binding judicial directions. The respondents have failed to demonstrate any distinguishing feature warranting a different view.

19. Consequently, following the ratio and relief granted in TA No. 61/3013/2020, and for the reasons recorded hereinabove, the Transfer Application is allowed in the following terms: Digitally signed by HARSHIT YADAV

HARSHIT 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 11:35:09+05'30' Foxit PDF Reader Version: 2025.2.0 :: 15 :: TA 1401/2020
a) The impugned order No. PHEJ/CE/226/E of 2017 dated 27.07.2017 is hereby quashed and set aside.

b) The respondents are directed to regularize the services of the applicants, who are found eligible, in terms of the Cabinet Decision of 2009 read with the Jammu & Kashmir Civil Services (Special Provisions) Act, 2010, within a period of three months from the date of receipt of a certified copy of this order.

c) Upon such regularization, the applicants shall be entitled to continuity of service for all service benefits, including seniority and post-retiral benefits. However, arrears of pay shall be regulated in accordance with applicable rules and instructions, as was directed in TA No. 61/3013/2020.

d) The respondents are further directed to release the unpaid wages legitimately due to the applicants for the period they actually worked, after due verification, within the aforesaid period.

e) Till completion of the exercise of regularization, the applicants shall be continued on muster rolls and allowed to discharge Digitally signed by HARSHIT YADAV HARSHIT 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:

Date: 2026.02.04 11:35:09+05'30' Foxit PDF Reader Version: 2025.2.0 :: 16 :: TA 1401/2020 their duties, and no coercive or adverse action shall be taken against them.

20. There shall be no order as to costs.

     (RAM MOHAN JOHRI)                                                                              (RAJINDER SINGH DOGRA)
     Administrative Member                                                                              Judicial Member
     /harshit/




             Digitally signed by HARSHIT YADAV



HARSHIT

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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:

Date: 2026.02.04 11:35:09+05'30' Foxit PDF Reader Version: 2025.2.0