Dheeraj Kumar vs D/O Finance Ut Of J&K on 12 February, 2026

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Central Administrative Tribunal - Jammu

Dheeraj Kumar vs D/O Finance Ut Of J&K on 12 February, 2026

:: 1 :: TA 1320/2020

CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU

Hearing through video conferencing

Transfer Application No. 1320/2020
Reserved on: - 11.11.2025
Pronounced on: - This the 12th day of February 2026

HON'BLE SHRI RAJINDER SINGH DOGRA, JUDICIAL MEMBER
HON'BLE SHRI RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER

1. Dheeraj Kumar; age: 45 years S/o Sh. Satya Paul Khajuria
R/o Ward No:6/8 Samba At Present Backside Calvery Mission
High School Near ITI College, Arazi, Samba
2. Pawan Kumar, age: 54 years S/o Sh. Shiv Ram R/o Chhaper,
Hiranagar District Kathua
3. Showkat Hussain Shah; age: 38 years S/o Ghulam Mohi-ud-
Din Shah R/o Yourdu Tehsil Marwah District Kishtwar
4. Mansoor Ahmed Shah; age: 35 years S/o Mohd. Amin Shah
R/o Village Yourdu Tehsil Marwah District Kishtwar
5. Yagnandan Sharma; age: 50 years S/o Sh. Ram Dutt R/o
Village Dhar Road, Satani, Udhampur
6. Kulbhushan Kumar Sharma; age: 36 years S/o Sh. Chuni Lal
R/o Blater (Hartaryan) Tehsil Ramnagar District Udhampur
7. Amit Verma; age: 36 years S/o Sh. Karam Chand Verma R/o
Ward No.3, D. C. Office, Udhampur
8. Mohd. Farooq; age: 40 years S/o Saif-ud-Din R/o Khaned
Tehsil Ramnagar District Udhampur
9. Ashok Kumar; age: 47 years S/o Sh. Kaka Ram R/o Malpur
Tehsil and District Jammu
10. Vyas Sharma; age: 46 years S/o Sh. Kaka Ram R/o Malpur
Tehsil and District Jammu
11. Ganesh Lal; age: 45 years S/o Sh. Puran Chand R/o Pakhri
Tehsil and District Samba
...Applicants

(Advocate: - Mr. Rahul Pant, Sr. Adv.)

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, E=rajat12sp@

PATHANIA
gmail.com, CN=RAJAT SINGH PATHANIA
I am the author of this document

2026.02.16 10:33:06+05'30'
:: 2 :: TA 1320/2020

Versus

1. Union Territory of Jammu and Kashmir Through
Commissioner/Secretary to Government Food Civil Supplies
and Consumer Affairs Department Jammu and Kashmir
Government Civil Secretariat, Jammu

2. Commissioner/Secretary to Government Finance Department
Jammu and Kashmir Government Civil Secretariat, Jammu

3. Director Food Civil Supplies and Consumer Affairs
Department Ware House, Jammu

...Respondents

(Advocate:- Mr. Rajesh Thapa Ld. AAG)

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.652/2020 was transferred from the Hon'ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.1320/2020 by the Registry of this Tribunal.

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

i. Writ, order of direction in the nature of Writ of Mandamus commanding the respondents to regularize the petitioners 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 3 :: TA 1320/2020 against the Class IV vacancies retrospectively w.e.f. 28.04.2010 i.e. the date the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 came into force, with all consequential benefits;

Any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also be granted in favour of the petitioners and against the respondents along with cost."

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

i. All the petitioners herein are similarly situated and have same cause of action and similar grounds to urge, as such, are filing the instant writ petition jointly before this Hon'ble Court. ii. All the petitioners were engaged in the year 2001 against the Class IV vacancies in the Directorate of Consumer Affairs and Public Distribution presently re-designated as Directorate of Food Civil Supplies and Consumer Affairs on consolidated wages @ Rs.2000/- per month. iii. The perusal of the dates of engagement of the petitioners will show that they are working for the last about 19 years on consolidated wages only. 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 4 :: TA 1320/2020 Initially the petitioners were being paid the consolidated wages @ Rs.2000/- per month but the same were enhanced to Rs.4500/- per month in the year 2013 and were further enhanced to Rs.6750/- per month w.e.f. 2018.

iv. The petitioners were engaged keeping in view the urgent nature of work in the Directorate of Consumer Affairs and Public Distribution presently re-designated as Directorate of Food Civil Supplies and Consumer Affairs and keeping in view the fact that the food supplies were required to be maintained in the far flung area of the erstwhile State of Jammu and Kashmir. Petitioners have been discharging their duties to the entire satisfaction of the respondents from the date of their engagement and the engagement of the petitioners on consolidated wages was confirmed by the Government as well. A complete bio-data of the petitioners i.e. the date of their engagement etc. as has already been forwarded by 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 5 :: TA 1320/2020 the office of the Director, Consumer Affairs and Public Distribution Department Jammu to the respondent No.1 vide his Communication No:DCAPDJ/Adm/Consolidates/2077/L dated 11.09.2009 is annexed herewith and marked as Annexure-I for the kind perusal of this Hon'ble Court.

v. The engagement of the petitioners on consolidated wages was further confirmed by the Government on 06.09.2001. Copy of confirmation accorded by the Government vide No:FS/Adm/2001 dated 06.09.2001 is annexed herewith and marked as Annexure-II for the kind perusal of this Hon'ble Court. The names of the petitioners except petitioner No.7 figure at Serial No.36, 47, 14, 13, 7, 16, 22, 3, 24 and 27 respectively.

vi. It is the positive case of the petitioners that they have been engaged on consolidated wages against the vacant Class IV posts as large numbers of vacancies of Class IV were available and 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 6 :: TA 1320/2020 petitioners were engaged against such vacant posts. Although the petitioners were engaged against the vacant Class IV posts but they are discharging the duties against the higher posts of Storekeepers and Cashiers etc. etc. vii. The perusal of the service particulars of the petitioners will show that it is admitted by the respondents that the petitioners have been working against the vacant posts of Class IV. viii. In pursuance to the decision taken by the Directorate of Consumer Affairs and Public Distribution, Jammu vide its Order No:01/CA&PD of 2010 dated 05.04.2010, some of the petitioners were re-distributed and posted in different far flung areas to main the supplies of food items to the general public. Copy of the aforesaid order dated 05.04.2010 is annexed herewith and marked as Annexure-III for the kind perusal of this Hon'ble Court. Copies of the transfer/posting orders of some of the petitioners/deployment 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 7 :: TA 1320/2020 the petitioners by the Directorate of Consumer Affairs and Public Distribution, Jammu for distribution of food grains in different areas are also annexed herewith and collectively marked as Annexure-IV for the kind perusal of this Hon'ble Court.

ix. From the facts stated herein above it is clear that the petitioners have been discharging their duties for the last almost two decades on consolidated wages only, although the work being discharged by the petitioners is not only equal but more than the work being discharged by other Class IV employees. Petitioners collect cash worth crores of rupees and deposit the same in the Government Treasures as per the instructions issued by the department. All the petitioners herein have unblemished service record and there is nothing adverse against them. Copies of the certificates regarding work and conduct of some of the petitioners are annexed herewith and collectively 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 8 :: TA 1320/2020 marked as Annexure-V for the kind perusal of this Hon'ble Court.

x. Be it as it may be after coming into force of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010, petitioners started pressing for their regularization as they had been engaged on consolidated wages against the clear vacancies and were continuing on the date when the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 came into force but unfortunately for the last seven years, petitioners have not been regularized, although some process was initiated in the year 2014 for the regularization of the petitioners. Copy of the communication in this behalf sent by the Joint Director, Consumer Affairs and Public Distribution Department, Jammu vide his No:DCAPDJ/179/Gen/330-37/G dated 16.01.2014 to the Assistant Director, Consumer Affairs and Public Distribution, Trade & Stores/Jammu(Rural)/Samba/Rajouri/Kathua/U 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 9 :: TA 1320/2020 dhampur/Kishtwar/Ramban, is annexed herewith and marked as Annexure-VI for the kind perusal of this Hon'ble Court.

xi. After a long drawn process, the respondent No.2 vide his Communication No.179/Adm/G/32 dated 05.01.2015 had submitted to the respondent No.1 a list of 35 consolidated workers working against Class IV posts with the recommendations for their regularization. Copy of the aforesaid communication dated 05.01.2015 is annexed herewith and marked as Annexure-VII for the kind perusal of this Hon'ble Court and perusal of the same will show that it is admitted by the respondent No.2 that the petitioners herein are working as Class IV and are playing vital role in the distribution of food grains under Public Distribution System for the smooth functioning of the Directorate. The performance of the petitioners has been found to be satisfactory by the concerned Directorate. The petitioners figure at 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 10 :: TA 1320/2020 Serial Nos.5, 7, 9, 11, 17, 18, 19, 20, 31, 32 and 35 of the communication dated 05.01.2015 but unfortunately their services have not been regularized till date.


                            xii.                 As a matter of fact in the year 2010 itself, before

                                                 the                    process                           could      be    initiated     for       the

regularization of the petitioners, the vigilance clearance of the petitioners had been sought and absolutely unblemished report was received with respect o the petitioners. Copy of the communication bearing No:DCAPDJ/Adm/Consolidate/3441/G dated 18.02.2010 whereby the vigilance clearance with respect to the petitioners received from the General Administration Department (Vigilance) under Endorsement No.GAD(Vig) 06-CAPD-II dated 11.02.2010, has been sent by the Directorate of Consumer Affairs and Public Distribution, Jammu to the respondent No.1, is 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 11 :: TA 1320/2020 annexed herewith and marked as Annexure-VIII for the kind perusal of this Hon'ble Court. xiii. As has already been mentioned herein above, petitioners have already rendered about 19 years of service but the petitioners have not been paid the wages attached to the Class IV vacancies. It is not the case where the petitioners were engaged without their being vacancies but it is a case where the petitioners have been engaged on consolidated wages against regular vacancies. The State, which is supposed to act as a model employer and pay to the petitioners the wages attached to the posts against which they petitioners are discharging their duties but unfortunately the respondents have been exploiting the petitioners for the last about 19 years. Petitioners were entitled to the wages attached to the Class IV posts in regular pay scale on the principle of equal pay for equal work and further petitioners have a right of 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 12 :: TA 1320/2020 against the Class IV posts against which they are working on consolidated wages.

xiv. The petitioners were apprehending that in order to defeat the rights of the petitioners, the Class IV vacancies available, may be filled up by the respondents with their own persons thereby depriving the petitioners the right of their regularization and in this view of the matter, the petitioners were left with no other alternative but to approach this Hon'ble Court not only for seeking their regularization against the Class IV vacancies but to further restrain the respondents from filling up the Class IV vacancies available in the department till such time the petitioners are regularized against such vacancies. The petitioners were also claiming the regular pay scale attached to the Class IV posts w.e.f. the dates they had been engaged on consolidated wages on the principle of equal pay for equal work. The writ petition filed by the petitioners along with 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 13 :: TA 1320/2020 others before the Hon'ble Court was registered as SWP No.736/2017 titled 'Kulbir Singh and others v. State of J&K and others'.

xv. The above said writ petition filed by the petitioners along with others, was disposed of by the Hon'ble Court vide its order dated 24.03.2017 with the direction to the respondents to take final decision on the recommendations as made by the Director, Food Civil Supplies and Consumer Affairs for regularization of the petitioners within a period of 08 months. It is further directed by the Hon'ble Court that in case, the respondent department contemplates to fill up the Class IV vacancies, in that eventuality, 25 vacancies shall not be filled up until decision vis-à-vis regularization case of 25 petitioners is taken.

xvi. The Director, Food Civil Supplies and Consumer Affairs, Jammu vide its communication bearing No:DFCS&CAJ/Legal-1273/2017/272 dated 21.04.2017, had provided a copy of the above said 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 14 :: TA 1320/2020 judgment dated 24.03.2017 passed by the Hon'ble High Court in the case of 'Kulbir Singh and others v. State of J&K and others' to the Commissioner/Secretary to Government, Department of Food Civil Supplies and Consumer Affairs, J&K, Civil Secretariat Jammu and has submitted that the cases of the petitioners have already been recommended for their regularization by the Directorate vide its communication dated 05.01.2015 and made a request once again to consider the cases of the petitioners for regularization in the light of the above mentioned recommendation as well as in compliance to above aid judgment dated 24.03.2017 as the petitioners are performing their responsibilities upto the satisfaction of the department and also the department is facing acute shortage of staff. Copy of communication dated 21.04.2017 is annexed herewith and marked as Annexure-X for the kind perusal of this Hon'ble Court.

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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 15 :: TA 1320/2020 xvii. Vide communication bearing No:CAPD/Estt/ 17 / 2015 dated 30.05.2017, Under Secretary to the Government, Department of Food Civil Supplies and Consumer Affairs forwarded a copy of the judgment dated 24.03.30127 passed by the Hon'ble Court in SWP No.736/2017 titled 'Kulbir Singh and others State of J&K and others' to the Commissioner/Secretary to Government, Finance Department and made a request to intimate the action taken on the departmental proposal for regularization of the services of the petitioners so that the Hon'ble Court's direction can be implemented. Copy of the communication aforesaid dated 30.05.2017 is annexed herewith and marked as Annexure-XI for the kind perusal of this Hon'ble Court.

xviii. Director, Food Civil Supplies and Consumer Affairs, Jammu vide its communication bearing No:DFCS&CAJ/Legal-1273/2017/494 dated 09.08.2017, has once again made a request to 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 16 :: TA 1320/2020 Commissioner/Secretary to Government, Department of Food Civil Supplies and Consumer Affairs, J&K, Civil Secretariat, Srinagar to consider the cases of the petitioners for their regularization in the light of the judgment dated 24.03.2017 passed by the Hon'ble Court in the writ petition filed by the petitioners along with others. Copy of communication dated 09.08.2017 is also annexed herewith and marked as Annexure-XII for the kind perusal of this Hon'ble Court.

xix. Despite the fact that order of consideration was passed by the Hon'ble High Court on 24.03.2017, unfortunately nothing was done, thus forcing the petitioners along with others to once again approach this Hon'ble Court through the medium of writ petition, which came to be registered as SWP No.2053/2017 and the Hon'ble Court vide its judgment dated 03.05.2018 directed the respondents to consider the case of the petitioners for regularization in terms of the provisions of 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 17 :: TA 1320/2020 Jammu and Kashmir Civil Services (Special Provisions) Act, 2010. Copy of order/judgment dated 03.05.2018 is annexed herewith and marked as Annexure-XIII for the kind perusal of this Hon'ble Court.

xx. The aforesaid judgment was also served upon the respondents and thereafter a Committee was constituted and Integrity Certificates with respect to the petitioners were collected. Copies of the Integrity Certificates are annexed herewith and collectively marked as Annexure-XIV for the kind perusal of this Hon'ble Court.

xxi. Before proceeding further into the matter, it is, further submitted that again nothing has been done as a result the petitioners are suffering. xxii. From time to time Government had been taking executive decisions apart from issuing SROs for regularization of the services of daily wagers/ ad hoc/contractual or consolidated paid 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 18 :: TA 1320/2020 xxiii. In the year 1989 vide Government Order No:

1220-GAD of 1989 dated 11.09.1989, a decision was taken by the Government and a regularization policy for the benefit of ad hoc appointees was announced in pursuance to the cabinet decision and all the ad hoc appointees to the non-gazetted posts recruited from time to time upto 29.12.1988 and who were still in service were regularized. All such adhoc appointees were treated to have been appointed on regular basis from the date of issuance of order aforesaid and reference of the posts held by them to the J&K Services Selection Board was dispensed with. Thousands of employees in both the Divisions of the State were conferred the benefit of regularization under Government Order No:1220-GAD of 1989 dated 11.09.1989. Copy of Govt. Order dated 11.09.1989 is annexed herewith and marked as Annexure-XV for the kind perusal of this Hon'ble Court.

64 of 1994, which provided for regularization of all the daily wagers, who had rendered 07 years of service and thousands of daily wagers were given the benefit of the policy of regularization framed by the Government and notified vide SRO-64 of 1994. Copy of SRO-64 of 1994 is annexed herewith and marked as Annexure-XVI for the kind perusal of this Hon'ble Court.

xxv. Thereafter, again in the year 2001 keeping in view the observations made by the Hon'ble High Court and in pursuance to the cabinet decision, Government issued Government Order No:1285-

                                                 GAD                         of                2001             dated    06.11.2001      thereby

                                                 regularizing                                       ad     hoc     appointees     against   non-

gazetted posts made by the various departments subject to the conditions mentioned in the order i.e. all such ad hoc appointees who were in service at the time of issuance of Government Order No:1285-GAD of 2001 dated 06.11.2001 and who 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 20 :: TA 1320/2020 had completed 07 years of service were to be considered for regularization and reference of such posts to the J&K Services Selection Board was dispensed with in pursuance to the aforesaid Government Order dated 06.11.2001. Copy of Govt. Order dated 06.11.2001 is annexed herewith and marked as Annexure-XVII for the kind perusal of this Hon'ble Court.

xxvi. Vide SRO 255 dated 05.08.2003, Jammu and Kashmir Contractual Appointment Rules, 2003 were framed and as per the aforesaid rules, the appointing authority was given the power to appoint persons for a period of one year on contractual basis or till such time the regular selection was made. However, the contractual appointments made there under were continued for years together.

xxvii. The Government Order No:1285-GAD of 2001 dated 06.11.2001 was subsequently superseded vide Government Order No:168-GAD of 2004 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 21 :: TA 1320/2020 dated 09.02.2004. Copy of the said Govt. Order dated 09.02.2004 is annexed herewith and marked as Annexure-XVIII for the kind perusal of this Hon'ble Court. Subsequently the Government vide circular dated 11.04.2005 clarified that the posts held by the contractual appointees in terms of Government Order No:168-GAD of 2004 dated 09.02.2004 are not to be referred to the Selection Agencies. Copy of the said circular dated 11.04.2005 is annexed herewith and marked as Annexure-XIX for the kind perusal of this Hon'ble Court. Even the Government had initiated the process to compile the data of ad hoc appointees with respect to whom the policy was being framed to regularize them. Copy of the circular issued by the Government in the Finance Department dated 29.04.2010 is also annexed herewith and marked as Annexure-XX for the kind perusal of this Hon'ble Court.

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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 22 :: TA 1320/2020 xxviii. Further, in the year 2010, the Legislature came up with a new policy for regularization of ad hoc or contractual or consolidated appointees vide Jammu and Kashmir Civil Services (Special Provisions) Act, 2010; (hereinafter called the Act of 2010 for short) and it was provided that all ad hoc/contractual/consolidated appointees who had been appointed against a clear vacancy and who had completed 07 years of service on the appointed date, were to be regularized. It was further provided that such of the ad hoc appointees who had not completed 07 years of service as on the appointed date shall continue as such till they complete 07 years of service and they shall be considered for regularization on completion of 07 years of service. Copy of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 is annexed herewith and marked as Annexure-XXI for the kind perusal of this Hon'ble Court.

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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 23 :: TA 1320/2020 xxix. A perusal of the aforesaid Act of 2010 will show that Act was made applicable to such of the ad hoc appointees, who had completed 07 years of service on the appointed date or who were in service on the appointed date. The 'appointed date' has been defined by the act as a date when the Act came in force and since the Act came in force on 28.04.2010, as such, the Act applies to only such appointees, who had completed 07 years of service as on 28.04.2010 or who were in service on 28.04.2010 but had not completed 07 years of service. It was further made clear in the Act by Section 3 that the Act shall not apply to persons appointed on 'academic arrangement Basis' for a fixed term in any Government Department. xxx. It is absolutely illegal on the part of the respondents to not to regularize the petitioners, petitioners as such approach this Hon'ble Court amongst others on the following grounds:

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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 24 :: TA 1320/2020 xxxi. Non-consideration of the case of the petitioners for their regularization is illegal and arbitrary as the petitioners are continuing for the last about two decades but unfortunately despite the petitioners having given the prime of their youth to the department; the services of the petitioners have not been regularized. Petitioners are being paid a meagre amount which is even far less than the pay scale attached to the Class IV post and the petitioners are being made to discharge duties attached to the higher posts than the Class IV posts.

xxxii. The petitioners have already placed on record the orders passed by the Government from time to time whereby the services of the different ad hoc employees were regularized and last in series was the Act of 2010. The cases of the petitioners have not been considered even for regularization under the Act of 2010 although the petitioners were engaged in the year 2001 and they completed 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 25 :: TA 1320/2020 seven years of service in the year 2008. The respondents as such are under an obligation to regularize the petitioners' w.e.f. the year 2010 i.e. the date when the Act of 2010 came into force. Petitioners cannot be made to suffer because of the inaction on the part of the respondents in regularizing the services of the petitioners. A right had accrued to the petitioners under the Government Order issued in the year 2001 and subsequently because of the Act of 2010 but unfortunately on both the occasions petitioners were ignored.

xxxiii. Otherwise also, it is against the basic human dignity to extract the work from the petitioners without allowing the petitioners, the benefits attached to the posts as the petitioners are admittedly discharging their duties attached to the posts of Storekeepers and Cashiers but petitioners are not even being regularized against the Class IV posts i.e. the post, which is one step below 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 26 :: TA 1320/2020 post, the duties attached to which, are being discharged by the petitioners. Such an attitude is nothing but an exploitation of labour on the part of the respondent No.1, which is supposed to be a model employer.

xxxiv. In many other departments, ad hoc employees similarly situated with the petitioners have already been regularized but it is only the petitioners, who have been left to fend for themselves and without any rhyme or reason, they are not being regularized despite the fact that the petitioners are discharging their duties to the entire satisfaction of the respondents.

xxxv. It is hard to imagine that the petitioners, who have been continuously working for the last 19 years on consolidated wages are being denied their regularization more particularly when the cases of the petitioners are squarely covered by the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010. Section 5 of the aforesaid Act is clear 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 27 :: TA 1320/2020 and as per Section 5, all ad hoc, contractual and consolidated appointees were required to be regularized provided they had been appointed against the clear vacancies and subject to their fulfillment of conditions contained in Section 5. All the petitioners herein comply with all the conditions provided by Section 5 and the fact that the petitioners were engaged against the vacant posts is also admitted by the respondents but even then the cases of the petitioners have not been considered for regularization.

xxxvi. The petitioners have a right of regularization from the date the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 came into force with all consequential benefits and respondents are liable to be restrained from filling up vacant posts against which petitioners are working till the cases of the petitioners are considered in accordance with the Act of 2010.

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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 28 :: TA 1320/2020 xxxvii. A perusal of the Act of 2010 will show that the Act has been made applicable to such posts under the Government as are held by the persons having been appointed on ad hoc or contractual basis and includes the posts against which, the appointments had been made on consolidated pay, provided the vacancies are clear. There is a clear admission on the part of the respondents that the petitioners had been engaged on consolidated wages against clear vacancies and as per Section 4 of the Act of 2010, such vacancies against which the petitioners are working on consolidated wages have been taken out of the purview of the recruiting agencies as the petitioners only have a right of regularization against such vacancies. The petitioners may further entitle to relaxation of upper age limit in cases where the same is required. However, keeping in view the fact that the petitioners are required to be regularized w.e.f. 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 29 :: TA 1320/2020 2010, the aforesaid contingency may or may not arise.

xxxviii. Nomenclature of the appointment is not the sole determinative factor; it is the nature of the work, which has to be seen while deciding the claim of the employees for regularization of their services. Here, the services of the petitioners are availed by the respondents continuously for the last 19 years and therefore, there is an assumption that the work performed by the petitioners is perennial in nature. The petitioners have uninterruptedly worked for such a long time and therefore, an equitable right has accrued tin their favour and the services of the petitioners are required to be regularized. The petitioners have given half of their life/prime of their youth in the services of the department and they cannot be denied the regularization of their services as the same shall amount to the exploitation at the hands of 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 30 :: TA 1320/2020 State, which is supposed to act as a model employer.

xxxix. Continuous engagement of the employees for years together is also the indicative of requirement of manpower. Merely because the Government has not mentioned any particular part at the time of their engagement does not mean that they have not been engaged against vacant posts, more particularly when large number of posts are available and salary of petitioners is being drawn against such posts. The petitioners are working on regular basis continuously for the last 19 years in the respondent-department and are performing the work similar to the regular employees. Therefore, the petitioners cannot be discriminated against and their services are required to be regularized and they may be provided with all the service benefits, which the regular employees are enjoying.

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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 31 :: TA 1320/2020 xl. The petitioners, in these circumstances are left with no other alternative or efficacious remedy except to approach this Hon'ble Court by invoking its extra ordinary jurisdiction under Article 226 of the Constitution of India.

xli. The petitioners have not filed any other petition for the same cause of action in this Hon'ble Court, in Supreme Court of India or in any other court of the country except the present petition. However, the petitioners along with others had filed SWP No.736/2017 and SWP No.2053/2017, which had already been disposed of by this Hon'ble Court.

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

Preliminary Objections:-

a) That none of the legal, constitutional or statutory right of the petitioners/applicants, which would have provided them with a right to invoke the extraordinary jurisdiction of the Hon'ble Court/Tribunal, has been violated by the answering 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 32 :: TA 1320/2020 respondents. As such, the present writ petition/TA is liable to be dismissed.

b) That the petitioners/applicants have not approached the Hon'ble Court/Tribunal with clean hands and have suppressed both material and relevant facts, while filing the instant writ petition/TA, which is a sufficient ground for dismissal of the same.

c) That the petitioners/applicants have no cause of action to file and maintain the present writ petition/TA before the Hon'ble Court/Tribunal against the answering respondents. As such, same is liable to be dismissed.

d) That the petitioners/applicants have raised disputed questions of fact by way of present writ petition/TA, which, it is respectfully, submitted, cannot be adjudicated upon by the Hon'ble Court/Tribunal, in exercise of its extraordinary writ jurisdiction. As such, the writ petition/TA deserves to be dismissed.

e) That the writ petition/TA filed by the petitioners/applicants is legally as well as factually 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 33 :: TA 1320/2020 misconceived, misdirected and without any merit and the same hence, deserves to be dismissed, at the threshold only.

Factual Background:

a) The petitioners/applicants herein approached the Hon'ble High Court of J&K at Jammu by way of the instant writ petition/TA with the following prayers seeking:-

"Mandamus commanding the respondents to regularize the petitioners against the class IV vacancies retrospectively w.e.f. 28-04-2010 i.e. the date the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 came into force, with all consequential benefits; Any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also be granted in favour of the petitioners and against the respondents along with cost."

b) It is respectfully submitted that vide communication No. 179/Adm/G/32 dated 05.01.2015, the cases of 35 consolidated workers and 12 consolidated drivers (including the petitioners), who were working in the Department, were forwarded to the Administrative 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 34 :: TA 1320/2020 Department (Office of respondent No. 1 hereinafter) with the request that regularization of these incumbents may be considered favourably as they had been performing their responsibility up to the satisfaction of the Department.

c) In the meanwhile, the petitioners alongwith others approached the Hon'ble High Court of J&K, Jammu by way of filling of writ petition bearing SWP No. 736/2017 titled "Kulbir Singh & Ors. V/s State of J&K & Ors". seeking their regularization under the provisions of Jammu & Kashmir Civil Services (Special Provisions) Act, 2010.

d) The Hon'ble High Court vide its order dated 24-03- 2017 disposed of the aforesaid writ petition in SWP No. 736/2017 as follows:-

"The case set up by the petitioners is that they have been engaged by the respondent department in the year 2001, as such are discharging their duties on consolidated wages. They are entitled to regularization in terms of the provisions of Jammu and Kashmir Civil Services (Special Provisions) Act, 2010. Their case has been 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 35 :: TA 1320/2020 recommended for regularization by the Director, CA&PD Department, Jammu as is clear from the communication No. 179/Adm/G/32 dat4ed 05-01-2015 addressed to the Secretary to the Government, Consumer Affairs and Public Distribution Department, J&K Civil Secretariat, Jammu.

It is the submission of the learned counsel for the petitioners that the regularization cases of the petitioners so far have not been finalized. Now they apprehend that the respondent department is likely to fill up the Class-IV posts which shall be to the disadvantage of the petitioners, in the process their legitimate rights will get jeopardize.

In order to avoid litigate process, in the background of the facts and peculiar features, this petition is disposed of with a direction to the respondents that they shall take final decision on the recommendation as made by the Director referred to above within a period of 8 weeks. It is further directed that in case the respondent department contemplates to fill up the class- IV vacancies, in that eventuality, 25 vacancies shall not be filed up until decision, vis-à-vis regularization case of the 25 petitioners, is taken. In the process, rules and regulations shall be strictly adhered to. Disposed of as above along with connected MP.

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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 36 :: TA 1320/2020

e) The office of respondent No. 2 vide communication No. DFCS&CAJ/Legal-1273/2017/272 dated 21.04.2017 requested the office of respondent No. 1 to consider the cases of petitioners for their regularization in the light of recommendation made in aforesaid reference dated 05.01.2015 as well as in compliance to the judgement dated 24.03.2017 passed in SWP No. 736/2017 titled "Kulbir Singh & Ors. V/s State & Ors,"

f) The office of respondent No. 2 vide communication No. DFCS&CAJ/Legal-1273/2017/494 dated 09.08.2017, again requested the office of respondent No. 1 to consider the cases of petitioners favourably at an earliest.

g) The office of respondent No.1 vide communication No. CAPD/Estt/124/2014 dated 17.05.2018, intimated that case for and Kashmir Consolidated Drivers formulation of Jammu (Regularization) Policy, 2018 for regularization of Consolidated Drivers of the Department of Food, Civil Supplies and Consumer 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 37 :: TA 1320/2020 Affairs, J&K was referred to the General Administration Department, J&K, for placing the same before the State Cabinet for their approval. The same has been returned with the observations:-

"The department is advised to process the case of these drivers for regular engagement in terms of Rule 11 (C) of SRO 520 of 2017 dated 21.12.2017 in consultation with the Finance Department".

As such, the office of Respondent No. 1 directed the office of Respondent No 2 to process the cases of these consolidated Drivers/Consolidated workers in terms of Rule 11 (C) of SRO 520 of 2017 dated 21.12.2017.

h) Thereafter, a committee was constituted by the office of respondent No.1 vide Government Order No. 115- FCS&CA of 2018 dated 16.04.2018, to examine all the cases minutely vis-a-vis the laid Jammu down eligibility criteria, leaving no scope for forwarding bogus or cases of ineligible workers and recommend only cases of such workers as are found genuine and 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 38 :: TA 1320/2020 eligible in all respects as per prescribed eligibility criteria.

i) Vide communication No. 179/G/2526 dated 06.08.2018 issued by the office of respondent No. 2, twenty casual, seasonal and other workers (11 Consolidated workers and 09 Consolidated Driver) and vide No. 179/G/2842 dated 07.09.2018, three more cases (02 Consolidated Workers and 01 Consolidated Drivers) duly examined and recommended by the committee so constituted have been forwarded to the office of respondent No.1 for their regularization in terms of SRO-520 dated 21.12.2017. However, the cases of other 25 casual, seasonal and others workers including the petitioners could not be forwarded to the Administrative Department as they had not submitted their formalities, as per SRO-520 dated 21.12.2017.

j) The matter was again taken up with the Assistant Directors vide communication No. 179/G/2561-63 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 39 :: TA 1320/2020 dated 10.10.2019 to furnish the deficient information in respect of consolidated employees (including the petitioners) strictly as per SRO-520 dated 21.12.2017.

k) Vide communication No. AD/FCS&CA/S/2022- 23/3183-85 dated 03.01.2023 only Assistant Director, FCS&CA Samba, has furnished the information of 02 consolidated employees namely Sh. Dheeraj Kumar Khajuria S/o Satya Paul Khajuria (petitioner No. 1 herein) and Sh. Ganesh Lal S/o Puran Chand (petitioner No. 11 herein). The information, in respect of rest of the Assistant Directors is still pending.

l) Vide communication No. 179/G/VI/3080-3081dated 09.02.2023 and No. 1666/3248-3249 dated 24.02.2023 all Assistant Directors except AD, Samba have been again directed to furnish the desired information which is still pending. It is further respectfully submitted that Concerned Assistant Directors have not been impleaded as party 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 40 :: TA 1320/2020 respondents to the instant writ petition/TA by the petitioners.

m) Instead of furnishing their deficient documents through their Assistant Directors, under whom petitioners are working, they have chosen to approach the Hon'ble Court/Tribunal through the instant writ petition/TA. As such, the instant writ petition/TA deserves to be dismissed.

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

6. The J&K Civil Services (Special Provisions) Act, 2010 (notified effective 28.04.2010) was enacted to regularize long-serving ad hoc, consolidated, and daily-rated workers against clear vacancies in government service. Section 3 mandates regularization for employees:

i. Engaged against sanctioned/vacant posts prior to the Act's commencement.

ii. With minimum 7 years' continuous service by 28.04.2010.

iv. Certified as satisfactory by the competent authority, with vigilance clearance.

Petitioners satisfy each criteria unequivocally:

7. Annexures I-II confirm hiring for vacant Class IV posts in far- flung areas of Jammu & Kashmir for "urgent work." No denial of vacancy status; departmental communications affirm this. By 28.04.2010, petitioners had approximately 9 years' service (2001- 2010), extending to 22+ years now. Work certificates (Annexure V) and transfer orders (Annexures III-IV) evidence continuity. Unblemished records over two decades; roles expanded to Storekeepers/Cashiers handling substantial cash. Vigilance/integrity clearances pre-date recommendations (Annexures VI-VIII, XIII-XIV).

8. The Directorate recommended 35 workers/12 drivers (including petitioners) for regularization in 2015 (Annexure VII). Follow-ups (2014-2017, Annexures VI, X-XII) underscore eligibility. Post-SWP 736/2017 (24.03.2017 reserving 25 posts), a committee 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 42 :: TA 1320/2020 verified 14 cases in 2018, leaving petitioners' pending on specious "SRO formalities." This inaction defies the Act's intent.

9. Regularization relates back to 28.04.2010 (Act's cut-off), granting notional seniority/pay benefits. Article 14 mandates parity with regularized peers; consolidated wages (Rs. 2000- Rs. 6750) pale against Class IV scale (Rs. 5200-20200 pre-7th CPC), violating equity.

10. 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 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 43 :: TA 1320/2020 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. 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, 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 44 :: TA 1320/2020 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:

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 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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 45 :: TA 1320/2020 in Uma Devi (supra) to argue that no vested right to regularization exists for temporary employees, 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 said period and the same would be counted for their post-retiral benefits.

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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30' :: 46 :: TA 1320/2020

29.There shall be no order as to costs."

11. The petition is allowed, with following directions: -

i. The respondents are directed to regularize the services of the petitioners under the provisions of the J&K Civil Services (Special Provisions) Act, 2010, with effect from 28.04.2010, forthwith. ii. Upon regularization, the petitioners shall be entitled to all consequential benefits. iii. Placement in the regular Class IV pay scale as applicable from the date they became entitled as per J&K Civil Services (Special Provisions) Act, 2010, notionally, in accordance with the principle of "equal pay for equal work".

iv. All service benefits such as pension, gratuity, and leave encashment.

v. Whole process shall be completed within period of three months on receipt of copy of judgment. (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, E=rajat12sp@ PATHANIA gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.16 10:33:06+05'30'

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