Central Administrative Tribunal - Jammu
Neetu Rani Najawan vs Technical Education Department on 17 February, 2026
:: 1 :: O.A. No. 1330/2023
-CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU
Hearing through video conferencing
Original Application No. 1330/2023
Reserved on:- 03.12.2025
Pronounced on: - This the 17th day of February 2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON'BLE MR. RAM MOHAN JOHRI, MEMBER (A)
Neetu Rani Najawan, Age 47 Years W/o Sh. Ashwani Kumar
D/o Late Sh. Bansi Lal Najawan R/o Hostel Quarters of Govt.
Polytechnic College for Women, Lower Shiv Nagar, Jammu -
180002.
...Applicant
(By Advocate: - Mr. Amit Gupta)
VERSUS
1. Union Territory of J&K through Commissioner
Secretary, Technical Education, Civil Sectt. Jammu
Srinagar - 180001.
2. Director, Technical Education, Jammu - 180001.
3. Principal, Govt. Polytechnic College For Women, Lower
Shiv Nagar, Jammu - 180002.
...Respondents
(By Advocate: -Mr. Rajesh Thapa, Ld. AAG)
RAJAT SINGH PATHANIA
RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode=
180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary
Camp office Jammu Jandk", Phone=
53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER=
c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected],
PATHANIA CN=RAJAT SINGH PATHANIA
I am the author of this document
:: 2 :: O.A. No. 1330/2023
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: -
" i. Allow the instant original application; ii. Quash the letter no. Edu/Tech/Poly/38/2016 dated 29/09/2016 issued by the respondents whereby the claim of the applicant was rejected, being illegal and bad.
iii. the respondent to regularize the services of the applicant w.e.f from the date when she actually completed her seven years of service i.e. w.e.f 2013 and. also grant all consequential promotion and monetary benefits in favour of the applicant; iv. Direct the respondent to release the pending salary of the applicant w.e.f April, 2020 to September, 2021;
v. Direct the respondent to pay salary of Rs.
28,000/- per month to the applicant i.e. at par with the similarly situated persons, which is being given to the incumbents appointed on academic arrangement basis and the same must be paid directly from salary head i.e. treasury and not from the pool fund / local fund of the college; vi. Direct the respondents to include the name of the applicant on NIC portal;
RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 3 :: O.A. No. 1330/2023 vii. Direct the respondents not to substitute the applicant with any other contractual employee. viii. Such other additional or alternate relief which this Hon'ble Tribunal, deem appropriate in the facts and circumstances of the case, may also be awarded in favour ofthe applicant.
2. The facts of the case as averred by the applicant in his pleadings, are as follows: -
i. The applicant is highly qualified woman possessing Master degree in Computer Application (MCA) and is expertise in the field of Computer Application. ii. In the year 2001 applicant was appointed as computer instructor on contractual basis in Govt. Polytechnic College for Women under Community Development Scheme and IRG Scheme to train the students under different courses. The applicant was also employed as a guest teacher and she was also engaged in imparting the education of one year diploma course of TVET (DTP) under Human Resource Development Scheme. It is pertinent to mention here that applicant worked hard up to the satisfaction of RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 4 :: O.A. No. 1330/2023 superiors. In this accord certificate is also issued by the then Principal Govt. Polytechnic College for Women in which it is categorically mentioned that applicant's work and conduct is satisfactory as reported by the HOD concerned. Copy of the certificate issued vide reference F-36/1822 dated 25/05/2005 is enclosed herewith and marked as Annexure-A2. It is pertinent to mention here that the applicant was paid separately as a guest teacher on lecture basis and fixed honorarium @Rs.2000/- per month as computer instructor. iii. order no. GPW/F-39/332-24 dated 24/04/2006, applicant was also engaged as Hostel Warden in Women Polytechnic College, Jammu for the smooth functioning of Girls Hostel and she was also given the charge of store keeper for the whole hostel. Copy of the order no. GPW/F 39/332-24 dated 24/04/2006 is enclosed herewith and marked as Annexure-A3.
RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 5 :: O.A. No. 1330/2023 iv. On the basis of the satisfactory performance and tenure of the services of the applicant the case of the applicant was also recommended for regularization vide order no. DTE/POLY/R/101/1633 dated 27/03/2008 and was also recommended to the Secretary Govt. Technical Education for appropriate action under rule, to examine the case was recommended and reverts to the Hon'ble Chief Minister Secretariat for information. v. Aggrieved by the inaction of the respondent no. 1 to 3 to regularize the services of the applicant, applicant approached the Hon'ble High Court of Jammu & Kashmir and Ladakh at Jammu by filing SWP No. 1377 of 2009 titled "Neetu Rani Najawan Vs State & Ors". vi. Respondent no. 3 vide no. WPJ/PF-201/2226 dated 04/01/2011, sent a letter to respondent no. 2 for approval of engagement of applicant as Hostel Warden in Govt. Women Polytechnic, Jammu and the respondent no. 2 vide its letter no.
RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 6 :: O.A. No. 1330/2023 DTE/Poly/101/04/PF/1018 dated 21/02/2011 replied the respondent no. 3 that "before the case is considered / processed by the Directorate you are advised to direct the applicant to withdraw the writ petition in the Hon'ble High Court of Jammu in the first instance". vii. Pursuance to letter dated 21/02/2011, the writ petition was withdrawn by the applicant on 07/03/2011. Copy of the order dated 07/03/2011 is enclosed herewith and marked as Annexure-A6. But unfortunately the case of the applicant was neither forwarded nor recommended for regularization in spite of assurances given by the respondents.
viii. Vide order no. 178 of 2011 dated 08/03/2011 the respondent no. 2 ordered that the applicant be paid @ Rs. 4,000/- only per month out of local fund to perform the duties of Hostel Warden in the Institution w.e.f 16.06.2010 with a break of one day after every spell of 89 days till further orders.
RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 7 :: O.A. No. 1330/2023 ix. On the basis of the representation moved by the applicant regarding the enhancement of wages on various legal grounds the wages of the applicant was enhanced prospectively from Rs. 4,000/- to Rs. 6,000/-
per month vide order no. 204 of 2013 dated
20/03/2013
x. The applicant again filed a writ petition bearing SWP No. 1565/2013 before the Hon'ble High Court titled "Neetu Rani Najawan Vs State & Ors" and the Hon'ble High Court vide order dated 22/07/2013, disposed of the writ petition with a direction to the respondents to consider the claim of the petitioner for regularization in terms of provisions of the J&K Technical Education (Subordinates Services) Recruitment Rules, 2022, within a period of one month. Copy of the order dated 22/07/2013 is enclosed herewith and marked as Annexure-A9. It is pertinent to mention here that the order dated 22/07/2013 was later on modified vide order dated 06/11/2013 whereby the word computer RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 8 :: O.A. No. 1330/2023 instructor shall be directed to be read as computer operator.
xii. The said order was also served upon the respondents by the counsel for the applicant with a request to pass the necessary direction for the implementation of the order dated 22/07/2013 read with order dated 06/11/2013.
xiii. Vide letter no. DTE/101/Lit/Poly/255/194 dated 29/01/2014 the respondent no. 2 sought detail report, present status and the post against which applicant is being working and paid from the respondent no. 3. xiv. Vide letter no. Edu/Tech/Poly/38/2016 dated 29/09/2016 the under Secretary to the Government while considering the representation of the applicant stated that "your regularization case does not come within the ambit of J&K, Civil Services (Special Provisions) Act 2010". However, no reason has been given with respect to the same.
RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 9 :: O.A. No. 1330/2023 xv. The respondent no. 2 vide letter no. DTE/Poly/101 /PF/572 dated 23/01/2018 requested the Commissioner / Secretary, Technical Education & YSS Department, J&K, Jammu that two Hostel Warden posts one each for Jammu and Srinagar Govt. Women Polytechnic Hostels may be created on priority basis. Besides the monthly salary for the post of Hostel Warden may also be enhanced upto Rs. 15000/- per month.
xvi. Again the respondent no. 2 on the basis of proposal submitted to the Administrative Department vide letter no. DTE/Poly/101/PF/572 dated 23/01/2018, requested that two Hostel Warden posts, one each for Jammu and Srinagar Govt. Women Polytechnic Hostels may kindly be created on priority basis. Meanwhile, it is requested that the monthly salary for the post of Hostel warden on consolidated basis may also be enhanced upto Rs. 15000/- per month till next revision by debit to RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 10 :: O.A. No. 1330/2023 salary head, so that the long pending grievances of both institutions may be redressed to some extent. xvii. Vide letter no. DTE/Poly/101/PF/1621 dated 11/07/2018 a list was issued by the Govt. of J&K Directorate of Technical Education, J&K for regularization of Casual labours / Need Base Workers / Daily Wagers in which the name of the applicant also figures under heading "Details of casual labour / other workers of Polytechnic Sector who have completed 10 years.
xviii The Under Secretary to the Govt. Technical Education, J&K Srinagar vide letter no.
Edu/Tech/Poly/ 38/2016 dated 31/07/2018 directed the respondent no. 3 to furnish the information mentioned in the said letter to the Finance Department. xix. The applicant made another representation to the Principal Secretary, Skill Development Department, J&K U.T for enhancement of salary and for release of RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 11 :: O.A. No. 1330/2023 pending salary of 9 months on 29/01/2021. The applicant made a representation before Director, Directorate of Skill Development Department, U.T of J&K for release of salary, change of salary account and inclusion of name of the applicant on NIC portal. xx. On the representation of the applicant on the subject "request for pay a sympathetic view on my case and enhance / release my salary account from Pool fund to treasury head", the Officer on Special Duty with Advisor (B) to Hon'ble Lieutenant Governor J&K vide letter no. PS/OSD/Adv(B)/2021/1625 dated 23/12/2021 made a request to the Principal Secretary to Govt. Skill Development Department to kindly examine the request for appropriate action in the matter.
xxi. The respondent no. 2 vide letter no. DSD-
Poly/101/c- 34455/1955 dated 11/02/2022 issued to Principal Secretary to Govt. Skill Development RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 12 :: O.A. No. 1330/2023 Department, Civil Secretariat, Jammu stated that "this directorate vide letter no. DTE/Poly/101/PII/1920 dated 29/08/2018 had already recommended the case for salary enhancement and change of salary account from pool fund to treasury head in favour of Ms. Neetu Rani, Hostel Warden (Consolidated Basis), Govt.
Polytechnic for Women, Jammu and the recommendation is once again reiterated keeping in view the service rendered by the incumbent since 2001". xxii. Vide letter dated 28/02/2022 the Financial Advisor, Skill Development Department, issued a letter to Director, Skill Development, J&K, Jammu, and conveyed that since the applicant was engaged under CDTP scheme which is a centrally sponsored scheme and as such, salary / wages are required to be paid as per the guidelines of the scheme. And it was further stated that the incumbent is engaged on contractual basis under the scheme and as such, the incumbent cannot be paid wages out of UT budget.
RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 13 :: O.A. No. 1330/2023 xxiii. Till today applicant is performing the job to the best of her ability and skills without any complaint, as hostel warden on a meagre salary of Rs. 6000/- per month which is also given from pool fund of the college and not from the treasury which is illegal and bad in the eyes of law as the similar situated persons are given the salary directly from the treasury to the tune of Rs. 28,000/- per month.
xiv. Till today despite the abovesaid communications, the salary of the applicant has not been enhanced, the services of the applicant has not been regularized despite the fact that similar situated persons were regularized under Special provision Act and vide order dated 29/01/2014. But the applicant has not been given the same benefit for the reasons best known to the respondents.
xv. Till today the applicant is serving in the Govt.
Polytechnic College for Women without any interruption to the best of her skills and no taint RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 14 :: O.A. No. 1330/2023 has ever been put up in her entire career and the Govt. of J&K has given the benefits of Special Provision Act, 2010 by way of regularizing the incumbents who successfully completed 7 years of services but the applicant has been left and no plausible and cogent reason has been given by the respondents for not regularizing the services of the applicant.
xvi. The applicant has also not been paid the salary w.e.f April, 2020 to September, 2021 despite the fact that the applicant has performed her duties at that time also.
3. The respondents have filed their written statement wherein they have averred as follows: -
I. The present Original Application suffers from suppressio-veri and suggestion-falsi as the true facts have not been brought out by the applicant before this Hon'ble Tribunal and, therefore, the present O.A is required to be dismissed.
RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 15 :: O.A. No. 1330/2023 II. No cause of action has even accrued to the applicant to file the instant Original Application as such she has no right or Locus standi to maintain the present OA before this Hon'ble Tribunal and thus the same is liable to be dismissed.
III. The applicant has not come with the clean hands before this Hon'ble Tribunal and has tried to mislead the Honble Tribunal by misrepresentation of facts and thus the above titled Original Application is required to be dismissed. IV. The applicant was engaged as Instructor in Community Polytechnic Wing (CPW) under Centrally Sponsored Scheme, Govt. of India vide Order No.WPJ/FCPW/251-53 dated 31.01.2002 for a period of 06 months on Contractual basis. Under this Scheme, there is no provision of regularization/permanent post. The applicant engaged under the scheme of Community Polytechnic Wing was asked to act as Hostel Warden vide office letter No. GPW/F-39/322-24 dated 24.04.2006. The applicant was paid a consolidated amount of @ Rs.1500/- in reference to RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 16 :: O.A. No. 1330/2023 DTE Letter No.DTE/PolyR/101/1633 dated 27.03.2008. The wages of the applicant were enhanced to Rs.4000/- in reference to DTE Order No. 178 of 2011 dated 08.03.2011 issued under endorsement No. DTE/Poly/101/PF/1055- 56 dated 08.03.2011. The wages of the applicant were again enhanced to Rs.6000/-PM vide DTE Order No. 204 of 2013 dated 20.03.2013 by debit to local fund.
4. Heard the arguments from both the parties, and perused the material available on record.
5. The applicant, holding Master's degree in Computer Applications (MCA), has filed this Original Application seeking multiple reliefs. She primarily prays for quashing of letter No. Edu/Tech/Poly/38/2016 dated 29/09/2016 (Annexure-A1) whereby her representation for regularization as Hostel Warden was rejected. Consequential directions are sought for regularization of her services with effect from 2013 with all benefits including promotions and monetary perks, salary enhancement to Rs. 28,000/- per month at par with similarly placed incumbents payable directly from treasury head instead of RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 17 :: O.A. No. 1330/2023 pool or local funds, release of withheld salary from April 2020 to September 2021, inclusion on NIC portal, and restraint on replacing her with another contractual employee till regularization. The OA is contested by respondents through a detailed written statement wherein they deny any legal right to regularization, attributing her engagement to temporary Centrally Sponsored Schemes like Community Polytechnic Wing with no permanent post available, citing non-applicability and subsequent repeal in 2020 of the J&K Civil Services (Special Provisions) Act, 2010, and pointing to fund constraints during Covid-19 for salary withholding.
6. The applicant's service trajectory spans over two decades without any interruption or adverse remarks, commencing in 2001-2005 when she was engaged as Computer Instructor on contractual basis under Community Development Scheme, IRG Scheme, and as guest teacher for TVET (DTP) Diploma under Human Resource Development Scheme, drawing a fixed honorarium of Rs. 2,000/- per month plus lecture basis payments, with her performance certified as satisfactory by the RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 18 :: O.A. No. 1330/2023 then Principal vide Annexure-A2 dated 25/05/2005. On 24/04/2006, she was formally engaged as Hostel Warden cum Store Keeper at Govt. Women Polytechnic, Jammu vide order No. GPW/F-39/332-24 (Annexure-A3), undertaking continuous 24x7x365 responsibilities for smooth functioning of the girls' hostel. On 27/03/2008, the Directorate of Technical Education recommended her regularization to the Secretary, Technical Education vide DTE/Poly/R/101/1633, with the matter forwarded to Chief Minister's Secretariat. Aggrieved by inaction, she filed SWP 1377/2009 before Hon'ble High Court, which she withdrew on 07/03/2011 (Annexure-A6) pursuant to respondents' explicit condition vide letters dated 04/01/2011 and 21/02/2011 assuring processing post-withdrawal, yet no action followed. Her salary was fixed at Rs. 4,000/- per month from local funds with effect from 16/06/2010 vide Order 178/2011 dated 08/03/2011 incorporating 89-day breaks, and enhanced to Rs. 6,000/- per month vide Order 204/2013 dated 20/03/2013. In 2013, she again approached Hon'ble High Court via SWP 1565/2013, disposed on 22/07/2013 with directions to consider RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 19 :: O.A. No. 1330/2023 her claim under J&K Technical Education (Subordinate Services) Recruitment Rules, 2022 within one month, later modified on 06/11/2013 to correctly reflect "Hostel Warden" (Annexure-A9), which directions were served on respondents without compliance. On 29/01/2014, the Directorate sought a status report from the Principal, but the rejection order dated 29/09/2016 (Annexure- A1) baldly stated non-applicability of 2010 Act without reasons. In 2018, her name featured in the Directorate's list vide No. DTE/Poly/101/PF/1621 dated 11/07/2018 for regularization of 10-year casual/need-based workers in Polytechnic sector, while proposals for creation of two Hostel Warden posts (Jammu/Srinagar) and salary hike to Rs. 15,000/- were forwarded vide No. DTE/Poly/101/PF/572 dated 23/01/2018 and reiterated. Salary was withheld from April 2020 to September 2021 despite duties performed, followed by representations in 2021-2022 for enhancement, release, and NIC inclusion, with Directorate reiterating recommendations on 11/02/2022, though rejected by Financial Advisor on 28/02/2022 citing scheme guidelines. The applicant continues serving on Rs. 6,000/- per RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 20 :: O.A. No. 1330/2023 month from pool funds, while similarly placed incumbents receive Rs. 28,000/- from treasury.
7. Respondents admit the factual engagements, salary enhancements, prior recommendations, writ withdrawals, and High Court orders but resist reliefs primarily on the ground that her initial engagement under 6-month Centrally Sponsored Scheme (CPW order dated 31/01/2002) bars regularization as no permanent Hostel Warden post exists, the 2010 Act is inapplicable and repealed, no vested right accrues without competitive selection, Rs. 28,000/- is exclusive to Gazetted academic arrangement, and salary withholding arose from Covid-19 induced low admissions depleting funds with process now initiated. This defence is wholly untenable as there is no specific denial of her unbroken service since 2006 specifically as Warden, her satisfactory conduct sans complaints, or deliberate non- compliance with High Court directions; the "scheme-based"
objection ignores principles of equity after 20+ years of essential service, while repeal of 2010 Act post her 7-year RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 21 :: O.A. No. 1330/2023 completion in 2013 cannot extinguish accrued rights, and no evidence is adduced regarding exclusion of "similarly situated"
persons or definitive non-existence of posts given repeated creation proposals.
8. On the issue of regularization entitlement, the prolonged contractual engagement on sanctioned and essential duties of Hostel Warden involving welfare, discipline, and round-the-clock vigil fosters a legitimate expectation of absorption, particularly as she fulfilled basic eligibility under 2010 Act with over 7 years continuous service by 2013, her name inclusion in 2018 regularization lists, and the unimplemented Hon'ble High Court mandate in SWP 1565/2013 for consideration under Recruitment Rules, 2022. The rejection vide Annexure-A1 is mechanical and non- speaking, failing to analyze her service length, recommendations, or judicial directions, thereby vitiating principles of natural justice mandating reasoned orders. Such arbitrariness and discriminatory treatment vis-a-vis regularized peers offends Article 14 of Constitution, RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 22 :: O.A. No. 1330/2023 warranting regularization with effect from 01/01/2013 in larger public interest, consistent with State of Karnataka v. Umadevi (2006(4) SCC 1) permitting equity for long-serving contract workers and analogous J&K precedents post-Article 370 abrogation. Regarding salary parity and treasury payment, the disparity of Rs. 6,000/- from pool funds against Rs. 28,000/- treasury for peers performing identical 24x7 duties contravenes "equal pay for equal work" enshrined in Article 39(d) and affirmed in State of Punjab v. Jagjit Singh (2016(16) SCC 82), rendering pool funding per se illegal for continuous public service as observed in Govt. of NCT Delhi v. Dharampal (2001 SCC(L&S) 892). The withholding of salary from April 2020 to September 2021 despite faultless duty performance cannot be justified by post-facto pleas of Covid- 19 or fund shortages, entitling her to arrears with interest following Shiv Sewak Singh v. U.P. (1996(5) SCC 577). Procedural reliefs like NIC inclusion and bar on replacement are essential for service continuity. No suppressio veri is established given her full disclosure of prior writs and facts. RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 23 :: O.A. No. 1330/2023
9. At this stage, it is also apt to notice the principle laid down by the Hon'ble Supreme Court in a similar matter titled Jaggo Vs. Union of India and Ors. connected with Anita and Ors. Vs. Union of India and Ors arising out of SLP(C) No. 5580 of 2024 and SLP(C) No. 11086 of 2024, respectively wherein the Hon'ble Apex Court authoritatively held that where an employee has continuously worked for several years, satisfied the eligibility conditions, denial of regularization benefit amounts to unfair treatment and cannot be sustained in law.
The Hon'ble Apex Court ordered the appellants to be reinstated and their services to be regularized after quashing the termination orders dated 27.10.2018. The appellants were entitled to continuity of service for post-retiral benefits, even though they were not given back pay for the time they had not worked. The Hon'ble Apex Court emphasized how unfair the appellants' termination was and how temporary employment contracts are being abused to avoid paying workers for continuing and necessary work.
RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 24 :: O.A. No. 1330/2023 Following is the operative portion of the judgment: -
"It is a disconcerting reality that temporary employees, particularly in government institutions, often face multifaceted forms of exploitation. While the foundational purpose of temporary contracts may have been to address short-term or seasonal needs, they have increasingly become a mechanism to evade long- term obligations owed to employees. These practices manifest in several ways:
Misuse of "Temporary" Labels:
Employees engaged for work that is essential, recurring, and integral to the functioning of an institution are often labelled as "temporary" or "contractual," even when their roles mirror those of regular employees. Such misclassification deprives workers of the dignity, security, and benefits that regular employees are entitled to, despite performing identical tasks.
• Arbitrary Termination: Temporary employees are frequently dismissed without cause or notice, as seen in the present case. This practice undermines the principles of natural justice and subjects workers to a state of constant insecurity, regardless of the quality or duration of their service.
• Lack of Career Progression: Temporary employees often find themselves excluded from opportunities for skill development, promotions, or incremental pay raises. They remain stagnant in their roles, creating a systemic disparity between them and their regular counterparts, despite their contributions being equally significant.
Using Outsourcing as a Shield:
RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 25 :: O.A. No. 1330/2023 Institutions increasingly resort to outsourcing roles performed by temporary employees, effectively replacing one set of exploited workers with another. This practise not only perpetuates but also demonstrates a deliberate effort to bypass the obligation to offer regular employment.
Denial of Basic Rights and Benefits:
Temporary employees are often denied fundamental benefits such as pension, provident fund, health insurance, and paid leave, even when their tenure spans decades. This lack of social security subjects them and their families to undue hardship, especially in cases of illness, retirement, or unforeseen circumstances.
26. While the judgment in Uma Devi (supra) sought to curtail the practice of backdoor entries and ensure appointments adhered to constitutional principles, it is regrettable that its principles are often misinterpreted or misapplied to deny legitimate claims of long-serving employees. This judgment aimed to distinguish between "illegal" and "irregular" appointments. It categorically held that employees in irregular appointments, who were engaged in duly sanctioned posts and had served continuously for more than ten years, should be considered for regularization as a one-time measure.
However, the laudable intent of the judgment is being subverted when institutions rely on its dicta to indiscriminately reject the claims of employees, even in cases where their appointments are not illegal, but merely lack adherence to procedural formalities. Government departments often cite the judgment in Uma Devi (supra) to argue that no vested right to regularization exists for temporary employees, RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 26 :: O.A. No. 1330/2023 overlooking the judgment's explicit acknowledgment of cases where regularization is appropriate. This selective application distorts the judgment's spirit and purpose, effectively weaponizing it against employees who have rendered indispensable services over decades.
"27. In light of these considerations, in our opinion, it is imperative for government departments to lead by example in providing fair and stable employment. Engaging workers on a temporary basis for extended periods, especially when their roles are integral to the organization's functioning, not only contravenes international labour standards but also exposes the organization to legal challenges and undermines employee morale. By ensuring fair employment practices, government institutions can reduce the burden of unnecessary litigation, promote job security, and uphold the principles of justice and fairness that they are meant to embody. This approach aligns with international standards and sets a positive precedent for the private sector to follow, thereby contributing to the overall betterment of labour practices in the country.
28. In view of the above discussion and findings, the appeals are allowed. The impugned orders passed by the High Court and the Tribunal are set aside and the original application is allowed to the following extent:
i. The termination orders dated 27.10.2018 are quashed;
ii. The appellants shall be taken back on duty forthwith and their services regularized forthwith. However, the appellants shall not be entitled to any pecuniary benefits/back wages for the period they have not worked for but would be entitled to continuity of services for the RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 27 :: O.A. No. 1330/2023 said period and the same would be counted for their post-retiral benefits.
29.There shall be no order as to costs."
10. In the result, the Original Application is allowed. Letter no. Edu/Tech/Poly/38/2016 dated 29/09/2016 is quashed and set aside. Respondents are directed to regularize the applicant as Hostel Warden with effect from 2013 on notional basis, computing and disbursing arrears of salary, allowances, and consequential benefits including promotions, increments, and pensionary dues within eight weeks. Salary shall stand enhanced as per the prevailing parity rate from treasury head with effect from the date similarly placed incumbents benefited, with arrears payable.
11. Withheld salary from April 2020 to September 2021 shall be released based on records of actual work done during the period.
12. Respondents shall forthwith include her details on NIC portal and refrain from replacing her with any contractual incumbent till regularization.
RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document :: 28 :: O.A. No. 1330/2023
13. The whole exercise as directed above, shall be completed within a period of twelve weeks from the date of receipt of certified copy of this order.
14. No order as to costs.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)
Administrative Member Judicial Member
/R S Pathania/
RAJAT SINGH PATHANIA
RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode=
180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document