Central Administrative Tribunal - Jammu
Mohd Ashraf vs Health And Medical Education ... on 5 February, 2026
:: 1 :: O.A. No. 132/2022
-CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Original Application No. 132/2022
Reserved on:- 27.11.2025
Pronounced on: - 05.02.2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
1. Mohd Ashraf, Age 48 years S/o Mohd Rustam R/o Village Tipri,
Tehsil Thathri District Doda Pin code. 1822-02
2. Farooq Ahmed, Age 49 years S/o Ghulam Qadir R/o Village
Barshalla Tehsil Thathri District Doda Pincode182202
. ..Applicants
(By Advocate: - Mr. Arshid Pervaiz Malik)
VERSUS
1. The UT of Jammu and Kashmir Through its
Commissioner/Secretary Health and Medical Education
Department, Civil Secretariat, Jammu/Srinagar.
Pin-180001
Email id:[email protected]
Digitally signed by HARSHIT YADAV
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001,
L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office
HARSHIT YADAV
Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,
SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E=
[email protected], CN=HARSHIT YADAV
Reason: I am the author of this document
Location:
Date: 2026.02.06 13:33:28+05'30'
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:: 2 :: O.A. No. 132/2022
2. Director Health Services, Jammu-180001
Email id: [email protected]
3. Chief Medical Officer, Doda-182202
Email id: [email protected]
4. Block Medical Officer, Thathri District Doda-182202
Email [email protected]
5. Block Medical Officer, Ghat District Doda-182202
Email [email protected]
...Respondents.
(By Advocate: - Mr. Sudesh Magotra, AAG)
Digitally signed by HARSHIT YADAV
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001,
L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office
HARSHIT YADAV
Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,
SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E=
[email protected], CN=HARSHIT YADAV
Reason: I am the author of this document
Location:
Date: 2026.02.06 13:33:28+05'30'
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:: 3 :: O.A. No. 132/2022
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: -
Quash the Order No.DHSJ/Legal/15286-90 dated 05-01-2022 issued by the respondent No.2 by virtue of which the case of the applicants for regularization of their services has been rejected.
b) direct the official respondents to reconsider the case of the applicants for regularizing the services of the applicants in Health and Medical Education Department on the analogy of aforesaid Zakir Hussain.
c) Direct the respondents to grant all the monetary, seniority and other consequential benefits to the applicants and release the salary as per the Minimum Wages Act.
Digitally signed by HARSHIT YADAV
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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d) any other interim or final relief which the Hon'ble Tribunal may deem fit and appropriate in the peculiar facts and circumstances of the case.
2. The facts of the case as averred by the applicant in his pleadings, are as follows: -
a) The applicants, namely Mohd. Ashraf and Farooq Ahmed, are permanent residents of the Union Territory of Jammu and Kashmir and claim entitlement to the protections guaranteed under the Constitution of India as well as benefits flowing from statutory rules, notifications and executive instructions applicable to Government employees from time to time. They assert that they were initially engaged as Part Time Safaiwalas on consolidated remuneration, the first applicant on 01.03.2000 in Block Thathri and the second applicant on 08.04.2000 in Block Ghat, District Doda. Copies of the engagement orders and related communications have been placed on record.
Digitally signed by HARSHIT YADAV
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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b) According to the applicants, although their engagement was described as part-time, they have continuously been discharging duties of a full-time nature for more than twenty-one years with honesty, sincerity and to the complete satisfaction of the departmental authorities. It is their categorical assertion that the nature of work entrusted to them has never been intermittent or casual, but regular and perennial, akin to duties performed by regular Class-IV employees in the Health Department. On the strength of such long and uninterrupted service commencing from the year 2000, the applicants claim that they have acquired a legitimate expectation of regularization.
c) The applicants rely heavily upon the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010, contending that the said enactment was specifically framed to provide one-time regularization to employees appointed on ad-hoc, contractual or consolidated basis, and that Section 5 thereof covers their case.
They further assert that they were also entitled to regularization under SRO-520 of 2010 and other allied policies issued by the Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 13:33:28+05'30' Foxit PDF Reader Version: 2025.2.0 :: 6 :: O.A. No. 132/2022 Government from time to time. Despite repeated representations seeking regularization of service and enhancement of wages, no effective decision was taken by the respondents and only assurances were allegedly extended.
d) It is further pleaded that several similarly situated persons, including one Zakir Hussain, who was also working as a Part Time Safaiwala, were regularized by the respondents vide Government Orders issued on 30.07.2007. The applicants claim that denial of similar treatment to them amounts to hostile discrimination and violation of Article 14 of the Constitution. It is also pleaded that in response to directions issued by the Government, details of Part Time Safaiwalas were called for by the Director Health Services, Jammu in September 2019, and requisite information was furnished by the concerned Chief Medical Officers; however, the file remained pending without any final decision.
e) Aggrieved by continued inaction, the applicants approached this Tribunal earlier by filing OA No. 61/1482/2021, which was Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 13:33:28+05'30' Foxit PDF Reader Version: 2025.2.0 :: 7 :: O.A. No. 132/2022 disposed of on 29.12.2021 with a direction to the respondents to treat the said OA as a representation and decide the same by passing a reasoned and speaking order. Pursuant thereto, the Director Health Services, Jammu issued Order No. DHSJ/Legal/15286-90 dated 05.01.2022, rejecting the claim of the applicants for regularization. The rejection was primarily based on the ground that the applicants were part-time employees paid out of contingent funds and that their case was distinguishable from that of Zakir Hussain.
f) The applicants assail the impugned order as arbitrary, discriminatory, non-speaking and passed without proper application of mind. They contend that the distinction drawn by the respondents between their case and that of Zakir Hussain is artificial and unsustainable, as both were engaged as Part Time Safaiwalas on consolidated remuneration. The applicants further rely upon judgments of the High Court of Jammu and Kashmir, including State of J&K v. Mushtaq Ahmed Sohail and Rakesh Kumar v. State of J&K, to contend that long-serving Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 13:33:28+05'30' Foxit PDF Reader Version: 2025.2.0 :: 8 :: O.A. No. 132/2022 casual or consolidated workers cannot be denied regularization merely on technical grounds. On these premises, they seek quashing of the impugned order and issuance of a direction for regularization with all consequential benefits, including wages in accordance with the Minimum Wages Act.
3. The respondents have filed their written statement wherein they have averred as follows: -
a) The respondents, while raising preliminary objections as to maintainability, locus standi and absence of any enforceable legal right, have categorically denied the claim of the applicants for regularization. It is asserted that the present Original Application does not disclose infringement of any statutory or constitutional right and is misconceived both on facts and law.
b) On merits, it is submitted that the impugned order dated 05.01.2022 was passed strictly in compliance with the directions issued by this Tribunal in OA No. 61/1482/2021. The applicants' claim was examined in detail with reference to their Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 13:33:28+05'30' Foxit PDF Reader Version: 2025.2.0 :: 9 :: O.A. No. 132/2022 initial engagement orders, applicable statutory provisions and relevant Government policies. Upon such examination, it was found that the applicants were engaged as Part Time Safaiwalas, paid honorarium out of local/contingent funds, and not as daily rated workers, casual labourers, contractual employees or ad-hoc appointees against sanctioned posts.
c) The respondents specifically rely upon Rule 3(d) of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010, which expressly excludes part-time and seasonal employees, including those paid from contingent grants, from the ambit of the Act. It is further pleaded that the said Act itself stood repealed following the enactment of the Jammu and Kashmir Reorganisation Act, 2019, and therefore, no right of regularization can now be claimed thereunder. Similarly, SRO-
64 of 1994 is stated to be inapplicable, as it governs only daily rated and work-charged employees, whereas the applicants were never engaged in such capacity.
Digitally signed by HARSHIT YADAVDN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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d) With regard to reliance on SRO-520 of 2017, the respondents submit that the said rules were also repealed and, in any event, did not cover part-time safaiwalas paid from contingent funds.
It is emphatically stated that as of date, there exists no policy or statutory framework in the Union Territory of J&K for regularization of part-time or contingent workers.
e) The respondents further clarify that the case of Zakir Hussain stands on a completely different footing. His regularization was effected under Government Order No. 145-HME of 1994, which was a one-time policy decision applicable only to safaiwalas engaged in sub-centres established during 1988-89 and 1990-91. Since Zakir Hussain was engaged during the relevant period, his services were regularized in a phased manner as per seniority. The applicants, having been engaged in the year 2000, were clearly outside the scope of the said Government Order and could not claim parity.
f) The respondents place strong reliance on the law laid down by the Hon'ble Supreme Court in State of Karnataka v. Uma Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 13:33:28+05'30' Foxit PDF Reader Version: 2025.2.0 :: 11 :: O.A. No. 132/2022 Devi (3) to contend that temporary, casual, contractual or part- time employees have no vested right to regularization and cannot invoke the doctrine of legitimate expectation. It is also submitted that Article 14 cannot be invoked to perpetuate an illegality or irregularity, even if some benefit has been wrongly conferred upon others. Judgments such as Tarun Kumar v. Directorate of Enforcement and Sunil Kumar Soni v. State of Rajasthan are cited to reinforce the principle that there can be no equality in illegality.
g) In view of the above, the respondents assert that the impugned order is reasoned, lawful and in strict conformity with the directions of this Tribunal. The applicants' claim having been duly considered and found devoid of merit, the present Original Application, according to the respondents, deserves dismissal.
4. Heard learned counsel for the parties and perused the pleadings made by them.
5. The applicants were engaged as Part Time Safaiwalas on consolidated remuneration in the Health Department in the year 2000 and have Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 13:33:28+05'30' Foxit PDF Reader Version: 2025.2.0 :: 12 :: O.A. No. 132/2022 continued in service uninterruptedly for more than twenty-one years. The factum of their continuous engagement, the nature of duties performed by them, and the necessity of their work for the functioning of health institutions are not in dispute. The respondents have admittedly continued to extract work from the applicants year after year without any break, which clearly demonstrates that the work entrusted to them is not casual, intermittent or seasonal, but regular and perennial in nature.
6. Though the respondents have attempted to describe the applicants as "part-time" employees paid out of contingent funds, such nomenclature cannot be permitted to override the real nature of employment. Courts have consistently held that the true test is the nature of duties and length of service, not the label affixed by the employer. Engagement extending over two decades destroys the very concept of temporary or stop-gap arrangement and creates a legitimate expectation of security of tenure, particularly when the State itself has benefited from such prolonged service.
Digitally signed by HARSHIT YADAVDN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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7. The rejection of the applicants' claim vide order dated 05.01.2022 rests primarily on the ground that the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 excludes part-time employees. Such reasoning is hyper-technical and ignores the constitutional dimension of the issue. The respondents cannot be permitted to take shelter under statutory exclusions while continuing to utilize the labour of the applicants indefinitely. The State cannot approbate and reprobate simultaneously--it cannot deny regular status on paper while extracting regular work in practice.
8. The Hon'ble Supreme Court in State of Punjab v. Jagjit Singh (2017) 1 SCC 148 authoritatively held that where employees, though designated as temporary, contractual or casual, perform duties similar to those of regular employees, denial of parity in service benefits would violate Articles 14 and 16 of the Constitution. The Court further emphasized that exploitation of labour under the guise of temporary engagement is impermissible in a welfare State.
9. Equally significant is the judgment in People's Union for Democratic Rights v. Union of India (1982) 3 SCC 235, wherein the Supreme Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 13:33:28+05'30' Foxit PDF Reader Version: 2025.2.0 :: 14 :: O.A. No. 132/2022 Court held that payment of wages below the minimum prescribed by law amounts to "forced labour" under Article 23 of the Constitution. Extraction of labour without fair remuneration offends constitutional morality and cannot be sustained under any statutory framework.
10. The reliance placed by the respondents on State of Karnataka v. Uma Devi (3) (2006) 4 SCC 1 is misplaced. Uma Devi does not prohibit regularisation in all circumstances; rather, it discourages backdoor entries and illegal appointments. The present case does not involve a backdoor appointment, but concerns workers who were engaged by the State itself and retained continuously for over two decades.
Importantly, Uma Devi does not authorise the State to perpetuate exploitation or to continue ad hocism indefinitely. On the contrary, the Constitution Bench cautioned that the State must act fairly and reasonably as a model employer.
11. Further, in Narendra Kumar Tiwari v. State of Jharkhand (2018) 8 SCC 238, the Supreme Court held that once employees have served the State for long years and the employer has taken advantage of their service, denial of regularisation on technical grounds would be Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 13:33:28+05'30' Foxit PDF Reader Version: 2025.2.0 :: 15 :: O.A. No. 132/2022 arbitrary. Similarly, in Sheo Narain Nagar v. State of U.P. (2018) 13 SCC 432, it was held that prolonged continuation of temporary employees creates an enforceable right to be considered for regularisation and fair service conditions.
12. The Jammu and Kashmir High Court has also consistently held that long and uninterrupted service defeats the concept of casual employment. In State of J&K v. Mushtaq Ahmed Sohil (LPA (SW) No. 33/2010, decided on 20.12.2012), it was observed that once a worker continues for years together, the State cannot deny regularisation by branding the employment as casual. Similar views were expressed in Rakesh Kumar v. State of J&K (SWP No. 1298/2012, decided on 03.01.2015), which attained finality upto the Hon'ble Supreme Court.
13. In the present case, the respondents have also regularised similarly situated persons such as Zakir Hussain under earlier Government Orders. Even assuming that the applicants do not fall squarely within the same Government Order, the principle of non-discrimination and substantive equality cannot be ignored. Article 14 does not permit Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 13:33:28+05'30' Foxit PDF Reader Version: 2025.2.0 :: 16 :: O.A. No. 132/2022 selective regularisation while continuing others in perpetual uncertainty.
14. This Tribunal is conscious that regularisation cannot be granted mechanically. However, where the State itself has continued employees for more than twenty years, extracted regular work, and failed to frame any alternative policy, denial of regularisation would amount to institutionalised exploitation. The balance between constitutional discipline and social justice must tilt in favour of fairness.
15. Accordingly, this Tribunal holds that the applicants are entitled both to minimum wages and regularisation of service, subject to availability of posts and completion of procedural formalities, as denial thereof would violate Articles 14, 21 and 23 of the Constitution of India.
a) The impugned order dated 05.01.2022 is quashed.
b) The respondents are directed to regularise the services of the applicants against available Class-IV/Safaiwala posts in the Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 13:33:28+05'30' Foxit PDF Reader Version: 2025.2.0 :: 17 :: O.A. No. 132/2022 Health Department, within a period of three months from the date of receipt of a certified copy of this judgment.
c) Upon regularisation, the applicants shall be entitled to notional seniority from the date of completion of 10 years of continuous service, with actual monetary benefits from the date of regularization.
d) Independently of regularisation, the respondents shall pay the applicants minimum wages as notified from time to time, and release arrears of minimum wages for three years preceding the filing of the OA, within three months, as per law laid down by the Hon'ble Supreme Court in case titled "Jai Dev Gupta Vs. State of H.P. and Anr., Civil Appeal No. 3197 of 1991, AIR 1998 SC 2819".
e) In case of non-availability of posts, the respondents shall create supernumerary posts to accommodate the applicants.
16. No order as to costs.
(RAJINDER SINGH DOGRA) Judicial Member /harshit / Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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