Central Administrative Tribunal - Jammu
Chandan Singh Jasrotia vs D/O Public Health Engineering Ut Of ... on 14 November, 2025
:: 1 :: O.A. No. 61/203/2021
Reserved
Central Administrative Tribunal
Jammu Bench, Jammu
Hearing through Hybrid Mode
O.A. No. 61/203/2021
Alongwith
Contempt Petition No. 61/23/2021
Pronounced on :- This the 14th day of November 2025
Hon'ble Mr. Sanjeev Gupta, Judicial Member
Hon'ble Ms. Pragya Sahay Saksena, Administrative Member
O.A. No. 61/203/2021
ARUN
2025.11.18 1. Chandan Singh Jasrotia age 36 years S/o Sh. Davinder Singh
10:25:31 R/o Ward No. 5, Hiranagar, Tehsil Hiranagar, District Kathua
KUMAR
+05'30'
Division Kathua.
2. Arvind Jasrotia age 38 years S/o Sh. Surat Singh Jasrotia R/o
Ward No. 5, Hiranagar, Tehsil Hiranagar, District Kathua
Division Kathua.
3. Balram Sethi age 35 years S/o Sh. Behari Lal R/o Ward No. 3,
Hiranagar, Tehsil Hiranagar, District Kathua Division Kathua.
4. Manjeet Singh age 39 years S/o Sh. Anchal Singh R/o Dhalta,
Tehsil Hiranagar District Kathua Division Kathua.
5. Rajneshwar Singh age 36 years S/o Sh. Kuldeep Singh R/o
Jandi, Tehsil Hiranagar District Kathua Division Kathua.
6. Kashiv Kumar age 41 years S/o Sh. Bal Krishan R/o Mela,
Tehsil Hiranagar, District Kathua Division Kathua.
7. Rakesh Kumar age 42 years S/o Sh. Bal Krishan R/o Mela,
Tehsil Hiranagar, District Kathua Division Kathua.
8. Anil Sangra age 42 years S/o Sh. Ishwar Dass Sangra, R/o
Kootah, Hiranagar, Tehsil Hiranagar District Kathua Division
Kathua.
9. Ghan Sham Dass age 45 years S/o Sh. Kali Dass R/o Kootah,
Hiranagar Tehsil Hiranagar, District Kathua Division Kathua.
10. Bharat Sharma age 48 years S/o Sh. Shashi Kant Sharma R/o
Kootah, Hiranagar Tehsil Hiranagar, District Kathua Division
Kathua.
11. Anil Kumar Sharma age 37 years S/o Sh. Kuldip Raj R/o
Kootah, Hiranagar Tehsil Hiranagar, District Kathua Division
Kathua.
12. Manoj Kumar Thappa age 38 years S/o Sh. Dharam Paul
Thappa R/o Kootah, Hiranagar Tehsil Hiranagar, District
Kathua Division Kathua.
13. Vishal Gupta age 39 years S/o Sh. Roop Lal R/o Dinga Amb,
Tehsil Dinga Amb, District Kathua Division Kathua.
14. Harish Kumar age 48 years S/o Sh. Mahant Ram R/o Dabbi
Tehsil Dinga Amb, District Kathua Division Kathua.
:: 2 :: O.A. No. 61/203/2021
15. Rajesh Singh age 43 years S/o Sh. Parshotam Singh R/o Garh,
Dinga, Amb, Tehsil Dinga Amb, District Kathua Division
Kathua.
16. Charanjeet Paul age 45 years S/o Sh. Natho Ram R/o Kattal
Brahmna, Tehsil Hiranagar District Kathua Division Kathua.
17. Vijay Kumar age 45 years S/o Sh. Sanji Ram R/o Chadwal,
Hiranagar, Tehsil Hiranagar District Kathua Division Kathua.
18. Ashwani Kumar age 38 years S/o Sh. Ashok Kumar R/o Chhan
Datial, Tehsil Hiranagar District Kathua Division Kathua.
19. Romesh Chander age 35 years S/o Sh. Mulkh Raj R/o Ladwal,
Tehsil Hiranagar District Kathua Division Kathua.
20. Ravan Kumar age 37 years S/o Sh. Mangat Ram R/o Kadyala,
Hiranagar, Tehsil Hiranagar District Kathua Division Kathua.
21. Roshan Lal age 46 years S/o Late Sh. Saran Dass R/o Chappar,
2025.11.18
ARUN
10:25:31 Gurah-Mehtian, Tehsil Hiranagar District Kathua Division
KUMAR Kathua.
+05'30'
22. Ravi Kumar age 34 years S/o Sh. Tilak Raj R/o Chhapaaki
Kalan, Tehsil Hiranagar District Kathua Division Kathua.
23. Tara Chand age 47 years S/o Sh. Des Raj R/o Nihalpur, Kathua
District Kathua Division Kathua.
24. Ashok Kumar age 46 years S/o Sh. Hans Raj R/o Said,
Hiranagar Tehsil Hiranagar District Kathua Division Kathua.
25. Vaishno Dutt age 44 years S/o Sh. Ram Dass R/o Kootah,
Hiragar Tehsil Hiranagar District Kathua Division Kathua.
26. Tahir Mehmood age 38 years S/o Shamash-ul-Din R/o Durang,
Tehsil Billawar District Kathua Division Kathua.
27. Manohar Lal age 38 years S/o Sh. Janak Singh R/o Durang,
Tehsil Billawar District Kathua Division Kathua.
28. Surinder Kumar age 40 years S/o SH. Rasal Chand R/o
Durang, Tehsil Billawar District Kathua Division Kathua.
29. Deepak Bharan age 40 years S/o Sh. Joginder Singh R/o
Durang, Tehsil Billawar District Kathua Division Kathua.
30. Sat Paul Singh age 45 years S/o Sh. Sardar Singh R/o Dewel,
Tehsil Billawar District Kathua Division Kathua.
31. Pritam Singh age 48 years S/o Sh. Babu Ram R/o Mandli,
Tehsil Billwar District Kathua Division Kathua.
32. Rajinder Kumar age 39 years S/o Sh. Des Raj R/o Durang,
Tehsil Billawar District Kathua Division Kathua.
33. Jatinder Proia age 36 years S/o Sh. Puran Chand R/o Mooni,
Tehsil Billawar District Kathua Division Kathua.
34. Rajesh Sharma age 39 years S/o SH. Som Raj R/o Banhore,
Tehsil Billawar District Kathua Division Kathua.
35. Sanjay Kumar age 39 years S/o Sh. Chanda Ram R/o Phinter,
Tehsil Billawar District Kathua Division Kathua.
36. Ankush Kumar Mahajan age 40 years S/o Ishia Kumar
Mahajan R/o Kishanpur, Tehsil Billawar District Kathua
Division Kathua.
:: 3 :: O.A. No. 61/203/2021
37. Maninder Singh age 38 years S/o Sh. Uttam Singh R/o Baril,
Tehsil Billawar District Kathua Division Kathua.
38. Yash Paul age 42 years S/o Sh. Jameet Singh R/o Kohag, Tehsil
Billawar District Kathua Division Kathua.
39. Sohan Lal age 42 years S/o Sh. Gian Chand R/o Kishapur,
Tehsil Billawar District Kathua Division Kathua.
40. Anil Kumar age 38 years S/o Sh. Jagdish Chand R/o Kohag,
Tehsil Billawar District Kathua Division Kathua.
41. Hem Raj age 38 years S/o Sh. Tito Ram R/o Dharmani, Tehsil
Billawar District Kathua Division Kathua.
42. Vinod Gupta age 38 years S/o Sh. Bishan Dass Gupta R/o
Billawar, Tehsil Billawar District Kathua Division Kathua.
43. Paras Sharma age 43 years S/o Sh. Om Parkash R/o Billawar,
Tehsil Billawar District Kathua Division Kathua.
2025.11.18
ARUN
10:25:31 44. Surjeet Kumar age 40 years S/o Sh. Puran Chand R/o
KUMAR Marhuine, Tehsil Billawar District Kathua Division Kathua.
+05'30'
45. Arun Bharti age 36 years S/o Sh. Mulkh Raj Dogra R/o
Billawar, Tehsil Billawar District Kathua Division Kathua.
46. Bhushan Kumar 39 years S/o Sh. Gullu Ram R/o Durang,
Tehsil Billawar District Kathua Division Kathua.
47. Ravinder Singh age 36 years S/o Sh. Krishan Chand R/o
Batheri, Tehsil Billawar District Kathua Division Kathua.
48. Sanjeev Kumar age 43 years S/o Sh. Jagdish Raj R/o Seri,
Tehsil Billawar District Kathua Division Kathua.
49. Om Parkash age 45 years S/o Sh. Mulkh Raj R/o Uchapind
(Pongran) Tehsil Ramkot District Kathua Division Kathua.
50. Bhagwan Dass age 45 years S/o Beeru Ram R/o Lakhari, Tehsil
Ramkot District Kathua Division Kathua.
51. Mukesh Kumar age 42 years S/o Sh. Ram Saran R/o Makwal,
Tehsil Ramkot District Kathua Division Kathua.
52. Raj Kumar age 48 years S/o Sh. Dina Nath R/o Makwal, Tehsil
Ramkot District Kathua Division Kathua.
53. Chhankar Singh age 55 years S/o Sh. Chhalo Ram R/o Sailna,
Tehsil Ramkot District Kathua Division Kathua.
54. Sharuf Salaria age 48 years S/o Nazir Hussian R/o Durang,
Tehsil Billawar District Kathua Division Kathua.
55. Bishan Dutt age 46 years S/o SH. Bal Krishan R/o Parnalla,
Tehsil Billawar District Kathua Division Kathua.
56. Rajinder Singh age 45 years S/o Sh. Saimal Singh R/o
Mehtabpur, Kathua District Kathua Division Kathua.
57. Ashok Kumar age 46 years S/o Sh. Babu Ram R/o Jarai,
Kathua District Kathua Division Kathua.
58. Major Singh age 42 years S/o Sh. Ram Chand R/o Bijjit Hatli,
Kathua District Kathua Division Kathua.
59. Ashok Singh age 48 years S/o Sh. Karan Singh R/o Tarhara,
Barnoti District Kathua Division Kathua.
:: 4 :: O.A. No. 61/203/2021
60. Satish Kumar age 34 years S/o Sh. Mulkh Raj R/o Pantal,
Jandi, Tehsil Hiranagar District Kathua Division Kathua.
61. Vishal Khajuria age 39 years S/o Sh. Krishan Chand Khajuria
R/o Ward No. 8, Hiranagar, Tehsil Hiranagar District Kathua,
Division Kathua.
62. Daljeet Singh age 41 years S/o Sh. Dharub SinghR/o Ward No.
6, Hiranagar, Tehsil Hinagar District Kathua Division Kathua.
63. Sahil Sharma age 33 years S/o Sh. Nand Kishore R/o Ward No.
12, Hiranagar Tehsil Hiranagar, District Kathua Division
Kathua.
64. Vipan Kumar age 36 years S/o Sh. Bishamber Dass R/o Mela,
Tehsil Hiranagar District Kathua Division Kathua.
65. Vinod Verma age 38 years S/o Late Sh. Tara Chand R/o Ward
No. 10, Arazi Samba, P.O Samba, Tehsil and District Samba
Division Samba.
2025.11.18 66. Ripak Singh Sambyal age 39 years /o Sh. Abinash Singh, R/o
ARUN
10:25:31 Kheli Mandi, Samba P.O Samba, Tehsil and District Samba
KUMAR
+05'30' Division Samba.
67. Mohniesh Abrol age 48 years S/o Sh. R.C Abrol R/o W. No. 5,
Samba, P.O Samba, Tehsil and District Samba Division Samba.
68. Devinder Kumar age 41 years S/o Sh. Krishan Kumar R/o W.
No. 1, Samba, P.O Samba, Tehsil and District Samba Division
Samba.
69. Rakesh Singh age 38 years S/o Sh. Shivdarshan Singh R/o
Garh Mandi, P.O Samba, Tehsil and District Samba Division
Samba.
70. Deepak Gupta age 39 years S/o Sh. Bodh Raj R/o W. No. 1, P.O
Samba, Tehsil and District Samba Division Samba.
71. Gopal Dass age 48 years S/o Sh. Napa Ram R/o Village
Pungwal, Tehsil and District Samba Division Samba.
72. Vijay Kumar age 45 years S/o Sh. Krishan Chand R/o W. No.
10, Arazi Samba, Tehsil and District Samba Division Samba.
73. Sawal Singh age 48 years S/o Sh. Sandoor Singh R/o Village
Markoli. Tehsil and District Samba Division Samba.
74. Shambu Lal age 45 years S/o Sh. Sagar Chand R/o Village
Jandi Colony, Tehsil Hiranagar District Kathua Division Samba.
75. Jatinder Kumar age 37 years S/o Sh. Girdhari Lal R/o Village
Bardhan, P.O Samba, Tehsil and District Samba Division
Samba.
76. Showkat Ali age 41 years S/o Abdul Ghani R/o Dharmari,
Tehsil Thuroo District Reasi-182313 Division Dharmari
77. Satish Kumar age 45 years S/o Sh. Sham Lal R/o Near Shiv
Temple Garhi, P.O Gahri, Tehsil and District Udhanpur PHE
Mech. Div. Udhampur.
78. Raj Kumar age 47 years S/o SH. Prem Chand R/o Tope, P.O
Salmeri, Tehsil and District Udhampur PHE Mech. Div.
Udhampur.
:: 5 :: O.A. No. 61/203/2021
79. Sanjay Kumar age 47 years S/o Sh. Sadhu Ram R/o Ward No.
16, H. No. 223, Sallian Talab, District Udhampur PHE Mech.
Div. Udhampur.
80. Arun Singh age 32 years S/o Sh. Shamsher Singh R/o VPO
Barmeen, Tehsil Ramnagar District Kathua PHE Mech. Div.
Udhampur.
81. Vinod Kumar age 43 years S/o Sh. Dwarka Nath R/o Ghordi
(thill) Tehsil Ramnagar District Udhampur PHE Mech. Div.
Udhampur.
82. Rajesh Kumar Sharma age 41 years S/o Sh. Gian Chand
Sharma R/o Barta, Tehsil and District Udhampur PHE Mech.
Div. Udhampur.
83. Anil Kumar age 36 years S/o Sh. Krishan Lal R/o Manmella,
P.O Jib, Tehsil and District Udhampur PHE Mech. Div.
Udhampur.
2025.11.18 84. Ajay Kumar age 40 years S/o Sh. Gouri Shanker R/o Palthyar
ARUN
10:25:31 P.O Ghari, Tehsil and District Udhampur PHE Mech. Div.
KUMAR
+05'30' Udhampur.
85. Vijay Kumar age 36 years S/o Sh. Bishan Dass R/o Jib P.O Jib,
Tehsil and District Udhampur PHE Mech. Div. Udhampur.
86. Jagdev Chand age 39 years S/o Sh. Anant Ram R/o Mathlowah,
Tehsil Chenani District Udhampur PHE Mech. Div. Udhampur.
87. Hem Raj age 41 years S/o Sh. Chuni Lal R/o Bupp, Tehsil
Chenani District Udhampur PHE Mech. Div. Udhampur.
88. Abhey Ram age 44 years S/o Sh. Gulabu Ram R/o Sail Jattan,
Tehsil and District Udhampur PHE Civil Div. Udhampur.
89. Tilak Raj age 45 years S/o Sh. Prem Nath R/o Bishai Jattan,
Tehsil and District Udhampur PHE Civil Div. Udhampur.
90. Subash Kumar age 50 years S/o Sh. Jagan Nath R/o Rehani
P.O Garhi Tehsil and District Udhampur PHE Mech. Div.
Udhampur.
91. Sanjay Kumar age 38 years S/o Sh. Ram Dass R/o Ward No.
20, Sangoor (Udhampur) PHE Mech. Div. Udhampur.
92. Youdhvir Singh age 37 years S/o Sh. Suram Singh R/o H. No.
319, Ward No. 5, Barrian District Udhampur PHE Mech. Div.
Udhampur.
93. Mohan Singh age 40 years S/o Sh. Madan Lal R/o Sangoor
Ward No. 20, Tehsil and District Udhampur PHE Mech. Div.
Udhampur.
94. Subash Chander age 38 years S/o Sh. Mulkhi Ram R/o
Pachood, Tehsil Latti District Udhampur PHE Mech. Div.
Udhampur.
95. Neelam Rani age 40 years W/o Sh. Tilak Raj R/o Bishai Jattan,
Tehsil and District Udhampur. PHE Civil Div. Udhampur.
96. Oma Devi age 43 years F/o Sh. Krishan Chand R/o Ward No. 7,
Garrian Talab Udhampur, Tehsil and District Udhampur PHE
Civil Div. Udhampur.
:: 6 :: O.A. No. 61/203/2021
97. Romesh Kumar age 41 years S/o Late Sh. Anant Ram R/o
Jodhpur (B) District and Tehsil Doda Division Doda.
98. Lakesh Singh age 36 years S/o SH. Punjab Singh R/o Bijarni,
Tehsil and District Doda Division Doda.
99. Ishtaq Ahmed age 42 years S/o Khurshed Ahmed R/o Bhalla,
Tehsil and District Doda Division Doda.
100. Bashir Ahmed Sheikh age 37 years S/o Abdul Aziz Sheikh
R/o Ludana, Tehsil and District Doda Division Doda.
101. Ravinder Singh age 37 years S/o Sh. Lekh Raj R/o Peryote, A/p
Doda Division Doda.
102. Mohd. Iqbal age 45 years S/o Mohd. Amin R/o Barshalla, Tehsil
and District Doda Division Doda.
103. Imtiaz Ahmed age 38 years S/o Mohd. Sharif R/o Barshalla,
Tehsil and District Doda Division Doda.
104. Ajeet Kumar age 47 years S/o Sh. Pana Lal R/o Sharerna,
2025.11.18 Tehsil and District Doda Division Doda.
ARUN
10:25:31 105. Naseer Ahmed age 38 years S/o Nazir Ahmed R/o Gangotha,
KUMAR
+05'30' Tehsil and District Doda Division Doda.
106. Naranjan Kumar age 46 years S/o Sh. Shanker Lal R/o
Machzota, Tehsil and District Doda Division Doda.
107. Soul Singh age 51 years S/o Sh. Kirpa Ram R/o Rehi, Tehsil
and District Doda Division Doda.
108. Suneel Kumar age 41 years S/o Sh. Bansi Lal R/o Kehlote,
Tehsil and District Doda Division Doda.
109. Aman Kumar age 42 years S/o Sh. Babu Ram R/o Shiva, Tehsil
and District Doda Division Doda.
110. Kulwant Singh age 52 years S/o Sh. Isher Lal R/o Kehlote,
Tehsil and District Doda Division Doda.
111. Ashok Kumar age 43 years S/o Sh. Faqir Chand R/o Peryote,
A/p Sharotta Division Doda.
112. Javeed Ahmed aged 46 years S/o Jabber Paddar R/o Desha
District Doda Division Doda.
113. Javeed Iqbal age 36 years S/o Abdul Gani R/o Jathi, Tehsil and
District Doda Division Doda.
114. Babu Ram age 37 years S/o Sh. Him Raj R/o Kalihand, Tehsil
and District Doda Division Doda.
115. Mashtq Ahmed age 38 years S/o Mangta Naik R/o Jatheli,
Tehsil and District Doda Division Doda.
116. Jia Lal age 51 years S/o Sh. Sadhu Ram R/o Ugad, Tehsil and
District Doda Division Doda.
117. Bharat Bhushan age 44 years S/o Sh. Hari Ram R/o Jodhpur,
Tehsil and District Doda Division Doda.
118. Shaber Ahmed age 32 years S/o Gul Mohd. R/o Koti Doda
Division Doda.
119. Farooq Ahmed age 45 years S/o Ahamdoo Khansi R/o
Bhogwah, Tehsil and District Doda Division Doda.
:: 7 :: O.A. No. 61/203/2021
120. Irshad Ahmed Zarger age 48 years S/o Ghulam Ahmed Zanger
R/o Bhagwah Manchar Division Doda.
121. Sanjay Singh age 46 years S/o Sh. Mani Ram R/o Bajarni
Bhagwah Division Doda.
122. Kishore Lal age 45 years S/o Sh. Hari Chan R/o Arnora Ghat
Division Doda.
123. Sartaj Singh age 47 years S/o Sh. Gapal Singh R/o Arnora,
Tehsil and District Doda Division Doda.
124. Sunil Kumar age 35 years S/o Sh. Hans Raj Bhagat R/o
Arnora, Tehsil and District Doda Division Doda.
125. Bashir Ahmed age 35 years S/o Ghulam Hassan R/o Manchyan
Barshall Division Doda.
126. Amjad Ali age 42 years S/o Abdul Rashid R/o Bijarni, District
Doda Division Doda.
127. Rajinder Kumar age 44 years S/o SH. Sham Lal R/o Arnora
2025.11.18 Shaie, District Doda Division Doda.
ARUN
10:25:31 128. Swarn Singh age 45 years S/o Sh. Sant Ram R/o Bijarni,
KUMAR
+05'30' District Doda Division Doda.
129. Uttam Singh age 42 years S/o Sh. Prem Lal R/o Bijarni, District
Doda Division Doda.
130. Daya Krishan age 40 years S/o Sh. Devi Ram R/o Kandssu
District Doda Division Doda.
131. Farid Ahmed age 35 years S/o Mohd. Abdullah Bhatt R/o
Udhyanpur, Doda Division Doda.
132. Zaffer Ullah age 42 years S/o Ghulam Mohd. R/o Bhagwah,
Doda Division Doda.
133. Vipan Singh age 33 years S/o Sh. Keval Kumar R/o Drafra
Bhaderwah, Doda Division Doda.
134. Anil Kumar age 40 years S/o Sh. Shib Chand R/o Sotha
Bhaderwah, Doda Division Doda.
135. Sushil Kumar age 46 years S/o Sh. Devan Raj R/o Duggli Doda
Division Doda.
136. Mohd. Ishaq age 50 years S/o Ali Mohd. R/o Bhaderwah, Doda
Division Doda.
137. Pancham Singh age 48 years S/o Sej Ram R/o Jatheli, Doda
Division Doda.
138. Jarnial Singh age 43 years S/o Viishwa Nath R/o Drafia,
Bhaderwah Division Doda.
139. Imtyaz Hussain age 35 years S/o Ghulam Mohin ud Din R/o
Bhatri Bhaderwah, Doda Division Doda.
140. Ram Rattan Chouhan age 50 years S/o Sh. Shadi Lal Chouhan
R/o Jogota, Doda Division Doda.
141. Subash Chander age 49 years S/o Sh. Krishan Kumar R/o
Jogota, Doda Division Doda.
142. Romesh Kumar age 55 years S/o Sh. Shanker Lal R/o Chakka,
A/p Changoo, Doda Division Doda.
143. Suresh Kumar age 38 years S/o Sh. Bansi Lal R/o Roti
Padrana, Doda Division Doda.
:: 8 :: O.A. No. 61/203/2021
144. Om Parkash age 40 years S/o Sh. Krishan Lal R/o Roti
Padrana, Doda Division Doda.
145. Irshad Ahmed age 34 years S/o Gh. Nabi Wani R/o Shuryan,
Doda Division Doda.
146. Bansi Lal age 47 years S/o Sh. Lakhmi Chand R/o Juote, Doda
Division Doda.
147. Raj Kumar age 38 years S/o Sh. Brij Lal R/o Juote, Doda
Division Doda.
148. Shaid Hussain age 34 years S/o Mohd. Ishaq Zargar R/o
Mundhar, Kashtigar, Division Doda.
149. Ishfaq Ahmed age 41 years S/o Gh. Hader R/o Buarni, Doda
Division Doda.
150. Subash Chand age 56 years S/o Sh. Dewan Chand R/o Brassu,
Bhaderwah, Doda Division Doda.
151. Inder Parkash age 60 years S/o Sh. Monhar Lal R/o
2025.11.18 Bhaderwah, Doda Division Doda.
ARUN
10:25:31 152. Subash Chander age 42 years S/o Sh. Gain Chand R/o Arnora
KUMAR
+05'30' Ghat, Doda Division Doda.
153. Joginder Singh age 59 years S/o Sh. Ram Lal R/o Paryate Doda
154. Mohd. Sharif Bhatt age 40 years S/o Mohd. Hussain Bhatt, R/o
Dhandal, Doda Division Doda.
155. Jagdish Kumar age 55 years S/o Sh. Prem Chand R/o Southa,
Doda Division Doda.
156. Sanjeev Kumar age 46 years S/o Late Sh. Joginder Kumar R/o
3-New Mohinder Nagar, Canal Road, Jammu North Division
Jammu.
157. Sohan Lal age 43 years S/o Late Sh. Uttam Chand R/o H. No.
11, Dharmal Muthi, Jammu North Division Jammu.
158. Chander Shekhar age 40 years S/o Sh. Om Parkash R/o Village
Sangrampur North Division Jammu.
159. Kewal Kumar age 46 years S/o Sh. Girdhari Lal R/o Village
Pounichak, Jammu North Division Jammu.
160. Sumit Sharma age 39 years S/o Sh. Durga Dass Sharma, R/o
400/1, Dogra Nagar, Jammu North Division Jammu.
161. Ravinder Kumar age 46 years S/o Sh. Ganga Ram, R/o 116-
Mohalla Afghana, Jammu North Division Jammu.
162. Atul Gupta age 40 years S/o Sh. Rohit Gupta R/o 181-Jullaka
Mohalla, Jammu North Division Jammu.
163. Vishal Anand age 40 years S/o Sh. Rajinder Anand R/o 5/3,
Mohalla Anandpur, Janipur, Jammu North Division Jammu.
164. Sham Singh age 46 years S/o Sh. Kirpal Singh R/o H. No. 22,
Janipur Colony, Jammu North Division Jammu.
165. Rajinder Kumar age 51 years S/o Late Sh. Bodh Raj R/o H. No.
314, New Plot, Near State Motor Garage, Jammu.
166. Sanjeev Kumar age 52 years S/o Sh. Ganga Ram R/o 116-
Afghana Mohalla, Jammu North Division Jammu.
:: 9 :: O.A. No. 61/203/2021
167. Suresh Sharma age 45 years S/o Sh. Om Parkash R/o Village
Sangrampur, Tehsil Marh District Jammu South Division
Jammu.
168. Rajinder Sharma age 51 years S/o Sh. Nagar Chand R/o 85/1,
Sanjay Nagar, Chak Ratnu, Kalu Chak, Jammu South Division
Jammu.
169. Jaswinder Singh age 39 years S/o Sh. Paramjit Singh R/o Chak
Musa, R.S. Pura South Division Jammu.
170. Kuldeep Singh age 38 years S/o Sh. Kesar Singh R/o H. No.
C/129, Shiv Nagar, Jammu South Mech. Division Jammu.
171. Manjeet Singh age 35 years S/o Sh. Daleep Singh R/o H. No.
278/D, Lower Shiv Nagar, Jammu Mech. Division South
Jammu.
172. Vijay Kumar age 36 years S/o Sh. Om Parkash R/o H. No.
G/126, Santi Nagar, Jammu Mech. Division South Jammu.
2025.11.18 173. Sanjeev Bakshi age 41 years S/o Sh. Joginder Bakshi R/o Sari
ARUN
10:25:31 Rakwala, P.O Bhadrore, Jammu Mech. Division South Jammu.
KUMAR
+05'30' 174. Manoj Kumar age 45 years S/o Sh. Bansi Lal R/o Thara Kalwal,
Tehsil Billawar District Kathua Mech. Division South Jammu.
175. Jagjeet Singh age 32 years S/o Sh. Manohar Singh R/o Ajeet
Nagar, Upper Gadi Garh, Jammu Mech. Division South Jammu.
176. Ajay Kumar age 46 years S/o Sh. Mohan Lal R/o Sujana P.O
Rajpura, Tehsil Rajpura District Samba Mech. Division South
Jammu.
177. Sachin Dev age 31 years S/o Sh. Kuldeep Raj R/o Main Gate,
Bagh-e-Bahu, Jammu Mech. Division South Jammu.
178. Davinder Pal Singh age 40 years S/o Late Sh. Pritam Singh, R/o
Simbal Camp, Tehsil R.S. Pura District Jammu Division Rural
Mech.
179. Narinder Kumar age 45 years S/o Late Sh. Bansi Lal R/o VPO
Gajansoo, Tehsil Marh District Jammu Division Rural Mech.
180. Surinder Singh age 41 years S/o Sh. Karpal Singh R/o VPO
Gajansoo, Tehsil Marh District Jammu Division Rural Mech.
181. Kushal Singh age 52 years S/o Sh. Chaman Singh R/o VPO
Raipur Bantalab, Tehsil and District Jammu Division Rural
Mech.
182. Brij Lal age 46 years S/o Sh. Sham Lal R/o VPO Gajansoo,
Tehsil Marh District Jammu Division Rural Mech.
183. Raj Kumar age 49 years S/o Sh. Ram Dass R/o H. No. 143,
Patyalichak, P.O Sangrampur, Tehsil Marh District Jammu
Division Rural Mech.
184. Janak Singh age 44 years S/o Sh. Ram Chand R/o Bijjit P.O
Hatli, Tehsil and District Kathua City Division-1
185. Raj Kumar age 39 years S/o Sh. Sunder Dass R/o VPO
Gajansoo, Tehsil Marh District Jammu City Division-1.
186. Munish Chander age 33 years S/o Sh. Dev Raj R/o 14, Bharat
Nagar, Poonch House, Jammu City Division-1.
:: 10 :: O.A. No. 61/203/2021
187. Thakar Dass age 51 years S/o Sh. Bansi Lal R/o Gajansoo,
Jammu Rural Division Kandi 1st.
188. Mohinder Nath age 44 years /o Sh. Bansi Lal R/o Village
Gajansoo, Jammu Rural Division Kandi 1 st.
189. Ram Paul age 44 years S/o Sh. Des Raj R/o Goal Pattan, P.O
Gajansoo, Jammu Rural Division Kandi 1 st.
190. Arjun Rathore age 43 years S/o Sh. Krishan Lal Rathore R/o
347, Janipur Housing Colony, Jammu Rural Division Kandi-I.
191. Guruttam Singh age 33 years S/o Sh. Paddi Ram R/o Karnala
Chak, Satwari, Jammu Rural Division Kandi 1st.
192. Kuldip Singh age 51 years S/o Sh. Om Parkash R/o Village
Chakrali, P.O Ghou Manhasan Tehsil Marh District Jammu
Rural Division Kandi-I.
193. Bawa Ditta age 50 years S/o Sh. Niku Ram R/o Village
Chakrali, P.O Ghou Manhasan Tehsil Marh District Jammu
2025.11.18 Rural Division Kandi-I.
ARUN
10:25:31 194. Tarsem Singh (dead) through his legal heirs:-
KUMAR
+05'30' (i) Rajni Bala, Age 47 years, W/o Late Sh, Tarsem Singh,
R/o Village Chakrali, P.O. Ghou Manhasan Tehsil Marh,
District Jammu.
(ii) Harshdeep Singh, Age 18 years, and six months, S/o Late
Sh. Tarsem Singh, R/o Village Chakrali, P.O. Ghou
Manhasan, Tehsil Mardh, District Jammu
195. Birinder Kumar age 45 years S/o Sh. Anant Ram R/o Chatha
Gujran, Tehsil Marh District Jammu Rural Division Kandi 1 st.
196. Girdhari Lal age 45 years S/o Sh. Nikka Ram R/o 91, Ghou
Manhasan, Tehsil Marh District Jammu Rural Division Kandi
1st.
197. Rattan Lal age 43 years S/o Sh. Guran Ditta R/o Ghou
Manhasan, Tehsil Marh District Jammu Rural Division Kandi
1st.
198. Bishan Dass age 40 years S/o Sh. Thoru Ram R/o Ghou
Manhasan, Tehsil Marh District Jammu Rural Division Kandi
1st.
199. Ganesh Dass age 48 years S/o Sh. Rattan Lal R/o VPO
Gajansoo, Tehsil Marh District Jammu Rural Division Kandi 1 st.
200. Vinay Kumar age 34 years S/o Sh. Krishan Chand R/o Batote,
Tehsil Bhaderwah District Doda Sub-Division Bhaderwah,
Division Doda.
201. Gayas-ul-Din age 39 years S/o Gulam Hader Rather R/o
Naska-Batote, Tehsil Bhaderwah District Doda Sub-Division
Bhaderwah, Division Doda.
202. Mushtaq Ahmad age 44 years S/o Mohd. Shrief R/o Bhalra,
Tehsil Bhaderwah District Doda Sub-Division Bhaderwah,
Division Doda.
203. Intzar Hussain age 36 years S/ Mohd. Hussain R/o Sarna,
Tehsil Bhaderwah District Doda Sub-Division Bhaderwah,
Division Doda.
:: 11 :: O.A. No. 61/203/2021
204. Bilal Ahmed age 38 years S/o Mohd. Mumtaz R/o Kursari,
Tehsil Bhaderwah District Doda Sub-Division Bhaderwah,
Division Doda.
205. Fardos Ahmed age 37 years S/o Gh. Nabi Naik R/o Kursari,
Tehsil Bhaderwah District Doda Sub-Division Bhaderwah,
Division Doda.
206. Abinesh Kumar age 43 years S/o Sh. Faqir Lal R/o Nakshri,
Tehsil Bhaderwah District Doda Sub-Division Bhaderwah,
Division Doda.
207. Ravi Kumar age 38 years S/o Sh. Hakakit Singh R/o Buttla,
Tehsil Bhaderwah District Doda Sub-Division Bhaderwah,
Division Doda.
208. Surinder Kumar age 37 years S/o Sh. Lekh Raj R/o Manthala,
Tehsil Bhaderwah District Doda Sub-Division Bhaderwah,
2025.11.18 Division Doda.
ARUN
10:25:31 209. Shashi Kumar age 43 years S/o Sh. Tek Chand R/o Dugga,
KUMAR
+05'30' Tehsil Bhaderwah District Doda Sub-Division Bhaderwah,
Division Doda.
210. Swami Raj age 48 years S/o Sh. Ishwer Chand R/o Lonchan,
Tehsil Bhaderwah District Doda Sub-Division Bhaderwah,
Division Doda.
211. Bhagat Singh age 42 years S/o Sh. Narayan Parkash R/o
Mohalla, Khakhal, Tehsil Bhaderwah District Doda Sub-Division
Bhaderwah, Division Doda.
212. Hukum Chand, age 47 years S/o Sh. Rup-Chand R/o Manwah,
Tehsil Bhaderwah District Doda Sub-Division Bhaderwah,
Division Doda.
213. Raj Kumar age 41 years S/o Sh. Jhomphy-Lal R/o Bhalra,
Tehsil Bhaderwah District Doda Sub-Division Bhaderwah,
Division Doda.
214. Rajinder Singh age 37 years S/o Sh. Chuni Lal R/o Chattra,
Tehsil Bhaderwah District Doda Sub-Division Bhaderwah,
Division Doda.
215. Abdul Wahid Butt age 48 years S/o John Mohd. Butt R/o
Kursari, District Doda Sub-Division Bhaderwah, Division Doda.
216. Bhuri Singh age 42 years S/o Sh. Angrez Singh R/o Gaddi
Dandi, District Doda Sub-Division Bhaderwah, Division Doda.
217. Satya Parkash age 47 years S/o Sh. Raj Dev R/o Bheja, District
Doda Sub-Division Bhaderwah, Division Doda.
218. Rakesh Kumar age 45 years S/o Chatter Singh R/o Buttla,
District Doda Sub-Division Bhaderwah, Division Doda.
219. Subash Chander age 40 years S/o Sh. Seva Ram R/o Buttla,
District Doda Sub-Division Bhaderwah, Division Doda.
220. Santosh Kumar age 40 years S/o Sh. Daya Krishan R/o
Manthala, District Doda Sub-Division Bhaderwah, Division
Doda.
...Applicants
:: 12 :: O.A. No. 61/203/2021
(Through Advocate: Mr. Abhinav Sharma, Sr. Advocate assisted by Mr.
Vishal Sharma)
Versus
1. UT of J&K through Commissioner/Sec. to Government, Jal
Shakti Department, Civil Secretariat, Srinagar.
2. Chief Engineer, PHE Department, Jammu.
3. Superintending Engineer, PHE Mechanical, Rural Circle,
Jammu.
4. Superintending Engineer, Hydraulic Circle, Jammu.
5. Superintending Engineer, PHE Mechanical, Urban Circle,
Jammu.
6. Commissioner/Secretary to Govt. Labour and Employment
2025.11.18 Department, Civil Secretariat, Srinagar.
ARUN
10:25:31 ...Respondents
KUMAR
+05'30'
(Through Advocate: Mr. Rajesh Thapa, A.A.G.)
Alongwith
Contempt Petition No. 61/23/2021
1. Chandan Singh Jasrotia and others
..Petitioners
(Through Advocate:- Mr. Abhinav Sharma, Sr. Advocate with Mr.
Vishal Sharma
Vs
1. Mr. M Raju, Commissioner/Secretary to Government, Jal Shakti
Department, Civil Secretariat, Jammu and others.
...Respondents
(Through Advocate:- Mr. Rajesh Thapa, A.A.G.
:: 13 :: O.A. No. 61/203/2021
ORDER
Per:- Sanjeev Gupta, Judicial Member The present Original Application (in short O.A.) has been filed by the applicants seeking the following reliefs:-
"(a) Declaring, Rule 8 of Jammu and Kashmir Casual and Other Workers-Regular Engagement Rules 2017 as ultra vires to Article 14 and 16 of the Constitution of India;
(b) Mandamus, commanding and directing the respondents to regularize the services of the applicants as Govt.
2025.11.18 Service Assistant w.e.f. the date the applicants have ARUN 10:25:31 completed ten years of continuous working as KUMAR +05'30' Casual/Seasonal worker;
(c) Mandamus, commanding and directing the respondents to pay the salary/wages as seasonal/casual workers equivalent to the minimum wages fixed by the Government under Minimum Wages Act or in the alternative to pay to the applicants minimum wages i.e. equivalent to the minimum of pay scale attached to the post of Electricians and Plumbers in the erstwhile Public Health Engineering Department, now named as Jal Shakti Department as per the pay revisions effected by the erstwhile State of Jammu and Kashmir from time to time;
(d) Mandamus, commanding and directing the respondents to release the unpaid wages of the applicants withheld by the respondents w.e.f. December, 2017 onwards till date and in future as well.
(e) Any other writ, command, order or direction, which this Hon'ble Court may consider just and fair in the facts and circumstances of the case."
2. Shorn of unnecessary details, the facts of the case as projected in the O.A. are that in pursuance of Government Order No. 239-F of 2005 dated 29.11.2005 and cabinet decision No. 116/4 dated 11.05.2006, the applicants who were trained in Plumbers/Electricians :: 14 :: O.A. No. 61/203/2021 Trade from Industrial Training Institute (ITI), being fully eligible, were engaged in Public Health Engineering (PHE) Department in the year 2007, as Casual/Seasonal Labourers, @ Rs. 70/- per day in terms of their performance in the selection process by virtue of various order, as per two separate advertisement notices dated 08.09.2006 and 28.08.2006, issued by Respondent No. 3 & 4. The applicants after their engagement are performing their duties continuously till date and are getting wages at different rates, revised by the Government 2025.11.18 ARUN 10:25:31 from time to time.
KUMAR +05'30'
3. It is averred that in exercise of powers vested under Rule 5 of the Minimum Wages Act 1948, the erstwhile State of Jammu & Kashmir (respondent No. 6 ) issued a notification dated 26.10.2017 through the medium of SRO 460 prescribing the following minimum rates of wages w.e.f. 01.11.2017:-
Unskilled - Rs. 225/-, Skilled - Rs. 350/-, Highly Skilled - Rs. 400/- and Administrative/Ministerial/Accounts Staff - Rs. 325/-
The definition of skilled worker, as per aforesaid SRO (Annexure B) includes Electricians and Plumbers at serial No. 20 & 34.
4. It is further averred that despite having fixed the minimum rate of wages for skilled workers, as per above mentioned SRO, the applicants are being paid wages at lower rates from 2007 onwards, which is against the mandate of Act of 1948.
:: 15 :: O.A. No. 61/203/2021
5. That on the basis of Communication bearing No.
DLC/J/2018/468-70/245 dated 20.06.2018, for the first time, respondent No. 2 paid to the applicants, the minimum wages under the Act of 1948, @ Rs. 350/- per day on the basis of SRO 460 i.e. an amount of Rs. 10,500/- for the month of November 2018 as is evident from the wage statement of one of the applicant Vivek Kapoor, S/o Hari Krishan Kapoor working as ITI Worker in PHE Mechanical North Division, Jammu.
2025.11.18 ARUN 10:25:31 KUMAR 6. It is the grievance of applicants that for reasons best known, +05'30' the respondents reduced the wages of the applicants from December onwards @ 225/- per day as shown in the wage statement of one of the applicant-Vivek Kapoor and thereafter, wages of the applicants were withheld, even @ Rs. 225/- per day from 17 to 25 months. However, vide Order No. JSBJ/Accounts/2020-21/95-99 dated 26.05.2020 of Respondent No. 2, wages for only one month were released in favour of the applicants.
7. It is the further case of the applicants, that the applicants are eligible for regular engagement in terms of Rule 4 of SRO 520 of 2017
- Jammu & Kashmir Casual and Other Workers - Regular Engagement Rules, 2017 (in short of Rules of 2017), as Government Services Assistant (GSA) under Rule 2, Clause (c), (i) and (l) of the Rules of 2017, in the category of skilled worker, having performed continuous ten years of service in the department, with monthly remunerations of skilled workers.
:: 16 :: O.A. No. 61/203/2021
8. The applicants are also aggrieved of Rule 8 of Rules of 2017, being ultra vires to Article 14 & 16 of the Constitution of India, as the same creates a class within a class in as much as, those CSLW who have completed 10 to 15 years of service, 15-20 years of service and more than 20 years of service, i.e. three classes have been created and carved out of one class of CSLW who have completed ten years of continuous service, which reads as under:-
" Remuneration & other Benefits-
2025.11.18 ARUN KUMAR 10:25:31 (i) A GSA shall be paid consolidated remuneration under a +05'30' detailed head017 "Remuneration" below relevant Major head of Account of the Department as per following structure:
(a) Remuneration Group I -Skilled Workers:
Period of engagement Monthly remuneration as CSLW
(i) Above 10 years upto Rs. 13000/- p.m. 15 years
(ii) Above 15 years upto Rs. 18000/- p.m. 20 years
(iii) More than 20 years Rs. 24000/- p.m. Group II-unskilled workers:
(i) Above 10 years Rs. 10000/- p.m.
upto 15 years
(ii) Above 15 years Rs. 15000/- p.m.
upto 20 years
(iii) More than 20 years Rs. 20000/- p.m.
:: 17 :: O.A. No. 61/203/2021
9. Lastly, it has been prayed that O.A. by allowed by granting the relief(s) as prayed therein.
10. In the reply filed by the respondents, it is stated that claim of the applicants for their regularization as G.S.A. in terms of Rules of 2017 was not found legally sustainable, which was rejected vide Order No. PHEJ/Legal/23/E of 2025 dated 31.05.2025. It is further stated ARUN 2025.11.18 that on the basis of muster sheets, available with the department, an 10:25:31 KUMAR +05'30' amount of Rs. 95.45 lakhs was released as pending wages in favour of the applicants. That Government has issued Order No. 384-JK (GAD) of 2025 dated 19.03.2025, constituting a High Level Committee to examine issues related to the regularization of Casual, Seasonal Labourers and the Committee is expected to submit its comprehensive recommendations, in which the case of the applicants would be duly considered after adapting a policy on the recommendation of the committee. That as per detail examination of record, respondents are not in a position to draw/release wages in respect of applicants for the period they were demanding their pending wages, due to non availability of muster sheets.
11. The learned Sr. Counsel for the applicants, while making his submission in tune with the contentions raised and grounds in the O.A. would urge that case of the applicants, who were engaged as Casual Workers, in the year 2007, fall under Rule 4 of Rules of 2017, for their regular engagement as GSA, being eligible w.e.f. 01st of :: 18 :: O.A. No. 61/203/2021 January 2018, after completing 10 years continuous service in the respondents' department, but due to lethargic approach of the respondent No. 1, no steps were taken to submit the proposal for engagement of the applicants to the Empowered Committee in terms of Rule 6 of the Rules of 2017.
12. According to the learned Sr. Counsel, the applicants being skilled workers as defined under Clause (l) of Rule 2 of Rules of 2017 are entitled to the minimum wages @ Rs. 350/- per day, which 2025.11.18 ARUN 10:25:31 KUMAR amount was, in fact, paid for only one month (November 2018) but +05'30' they are being paid less than minimum wages, despite the fact that the applicants possess the same qualification, as is possessed by the regular Plumbers and Electricians and therefore, in the alternative, the applicants are entitled for minimum of the regular grade attached to the post of Electricians and Plumbers under Jammu & Kashmir Public Health Engineering Department (Sub-Ordinate) Rules, 1989.
13. In so far as the classification of three categories, out of one class (GSA), on account of completed years of service, as per Rule 8 of Rules of 2017, it is contended by learned Sr. Counsel that said classification is hit by Article 14 & 16 of the Constitution of India due to the fact that no classification after engagement as GSA can be made on the basis of completed years of service as CSLW before their engagement as GSA, besides, the CSLW after their regularization are required to be shown in the same category at the time of their engagement as GSA and remuneration cannot be on the basis of number of years put by :: 19 :: O.A. No. 61/203/2021 them before engagement as GSA. Finally, it has been submitted by the learned Sr. Counsel that applicants fulfils all the necessary conditions for their regular engagement as "GSA" under the Rules of 2017 and are entitled for release of unpaid wages, w.e.f. December 2017 onwards till date and in future also, in accordance with wages fixed by the Government in terms of SRO 460 issued under Minimum Wages Act, 1948, notwithstanding the order dated 31.05.2025, whereby the claim of the applicants was rejected.
2025.11.18 ARUN 10:25:31 KUMAR 14. On the other hand, learned counsel for the respondents +05'30' reiterated the same grounds pleaded in the written reply filed by Respondent No. 1 in support of his arguments. It is the contention of the learned A.A.G. that the applicants are not entitled for their regular engagement, as SRO 520, is under review by the Government in the light of law laid down by the Hon'ble Supreme Court in State of Karnataka Vs. Uma Devi. The applicants are also not entitled for release of wages for the period they are demanding, on account of non-availability of the muster sheets, which is a prerequisite condition for release of wages.
15. Heard the learned Sr. Counsel for the applicants and learned D.A.G. for the respondents and perused the record as well as written submissions filed on behalf of the applicants.
16. Indisputedly, the applicants were engaged as Casual/Seasonal Labourers (Electricians and Plumbers) in the year 2007 @ Rs. 70/- per day wages against two advertisements of respondents' department :: 20 :: O.A. No. 61/203/2021 and continue to work for the last 18 years with their wages revised from time to time by different government orders. The applicants are possessing the prescribed qualifications being trained in ITI. They are not involved in any criminal activity or misconduct and there was no illegality in their appointment. The issue involved in this O.A. is for regular engagement of applicants in terms of Rules of 2017 and for payment of wages under SRO 460 issued under Section 5 of the Minimum Wages Act, 1948.
2025.11.18 ARUN 10:25:31 KUMAR 17. Adverting first to the issue of regular engagement of the +05'30' applicants, the core issue to be addressed herein is whether applicants possess eligibility under Rules of 2017 and are entitled for their regular engagement as GSA. It will be apt to reproduce the relevant provisions under Rules of 2017.
18. Rule 2 of the SRO 520 deals with the definitions. Sub Clause (c) of Rule 2 provides that "CSLW" means a casual, seasonal or other worker who has been engaged through an appointment order or otherwise on daily rated basis for rendering casual/seasonal/services in a department.
19. Sub clause (l) of Rule 2 deals with definition of "Skilled Workers " and means a worker performing a job which requires special skills, training etc. and the person should be having a valid technical qualification certificate issued by an ITI or a Government recognized Institute.
:: 21 :: O.A. No. 61/203/2021
20. Sub clause (m) of Rule 2 deals with definition of 'wages' and it means remuneration paid/payable to a person engaged by Department for rendering casual/seasonal/daily rated or consolidated services at notified rates by debit to any scheme, project, wages, office expenses or contingencies.
21. Rule 4 of SRO 520 provides for eligibility for regular engagement of CSLW and it reads as under:-
ARUN 2025.11.18 "4. Eligibility for Regular Engagement.--(1) A CSLW shall be 10:25:31 eligible for regular engagement under these rules on KUMAR +05'30' fulfillment of the following conditions that :
(i) he/she is a permanent resident of the State of Jammu and Kashmir as is defined under section 6 of the Constitution of Jammu and Kashmir ;
(ii) he/she possesses minimum educational qualification of 8th standard or above ;
(iii) on the date of his/her initial engagement, his/her age was within the minimum and maximum age limit as prescribed for appointment in Government Service ;
(iv) he/she must have completed ten years of continuous working : Provided a seasonal worker must have completed 120 months of working in a department, in aggregate, in consecutive years with at least 6 months, in a year continuously irrespective of the total number of years in which he/she completes 120 months of seasonal service ;
(v) his/her work and conduct is satisfactory and no disciplinary proceedings are pending against him/her ;
(vi) he/she must be continuing in the
department as on date.
(2) The provisions of Article 35-A of the J&K CSRs shall
apply to a CSLW in respect of the determination and the verification of age.
:: 22 :: O.A. No. 61/203/2021 (3) The concerned Administrative Department shall have the powers to grant relaxation in the age/qualification for regular engagement of a CSLW on case to case basis.
22. Rule 5 provides for date of effect of regular engagement:-
"(1) A CSLW shall be entitled to regular engagement after completing 10 years of continuous service with effect from 1st January, of the year following which he completes the prescribed period of regular engagement. (2) Notwithstanding anything contained in sub-rule (1), a seasonal worker shall be entitled to regular engagement after rendering continuous service of 120 months as 2025.11.18 defined under these rules with effect from 1st January, of ARUN KUMAR 10:25:31 the following year in which he/she completes the +05'30' prescribed period of seasonal service.
23. Rule 6 deals with Empowered Committee:-
"6. Empowered Committee.--(1) There shall be an Empowered Committee in the Finance Department comprising of the following, to recommend the creation of commensurate positions called "Government Services Assistant" (GSA) after proper scrutiny of proposals from the concerned departments :--
(i) Administrative Secretary - Chairman Finance Department
(ii) Administrative Secretary of the concerned department or representative not below the rank of Special Secretary - Member
(iii) Administrative Secretary, General Administration Department or representative not below the rank of Special Secretary - Member
(iv) Administrative Secretary, Law, Justice and Parliamentary Affairs or representative not below the rank of Special Secretary - Member
(v) Director (Codes), Finance Department - Member (2) The Committee shall be serviced by the Finance Department.
(3) The Member-Secretary of the Committee shall place cases of CSLWs before the Committee which are registered with the Finance Department and particulars whereof have been uploaded :: 23 :: O.A. No. 61/203/2021 on the relevant NIC portal for Aadhar Based Biometric Identification and Skill Profiling of CSLWs.
(4) The Committee shall also consider the cases of such bona fide CSLWs whose names could not be registered on the relevant NIC portal ; after the Administrative Department concerned gives valid, justifiable and cogent grounds of their non-inclusion.
(5) The Committee shall recommend creation of a position(s) of "GSA" strictly keeping in view the eligibility criteria for the CSLW prescribed under these rules.
(6) The required number of positions of "GSA" shall be created by each Administrative Department on the recommendations of the Empowered Committee. (7) The concerned Administrative Department shall issue necessary orders for 2025.11.18 regular engagement of a CSLW as "GSA" after the Finance ARUN KUMAR 10:25:31 Department conveys the recommendations of the Empowered +05'30' Committee to the said department.
(7) The concerned Administrative Department shall issue necessary orders for regular engagement of a CSLW as "GSA" after the Finance Department conveys the recommendations of the Empowered Committee to the said department."
24. Having regard to the respective pleadings of the parties, coupled with the submissions of the appearing counsels, the case of applicants for their regular engagement as GSA, after completing 10 years of continuous service was required to be considered in terms of Rules of 2017. It is not the case of the respondents that the applicants do not possess the eligibility and qualifications prescribed for their engagement as GSA, rather a vague ground has been taken in the objections that applicants are not entitled for regular engagement as SRO 520 is under review by the Government in the light of law laid down by the Hon'ble Supreme in the case of State of Karnataka Vs. Uma Devi, which stand is normally taken by the respondent State, in almost every petition filed by an aggrieved person/s for their regularization under various Government policies. The record shows :: 24 :: O.A. No. 61/203/2021 that the engagement of the applicants is not irregular, who were engaged as CSLW, in pursuance of Government Order No. 239-F of 2005 dated 29.11.2005. Rule 4 & 5 of the Rules of 2017 provides that persons who had worked for more than ten years as CSLW are entitled for regularization on fulfilling the eligibility.
25. Admittedly, no steps were taken by the respondent No. 1, for submitting the proposals for regular engagement of applicants as GSA to the Empowered Committee. The Empowered Committee provided in 2025.11.18 ARUN 10:25:31 KUMAR Rule 6 of the SRO, headed by the Administrative Secretary, Finance +05'30' Department comprising of four other members is authorized to recommend creation of a position(s) of "GSA" strictly keeping in view the eligibility criteria for the "CSLW" prescribed under these rules and the required number of positions of 'GSA' shall be created by each Administrative Department on the recommendations of the Empowered Committee. Thereafter, the Administrative Department has to issue necessary orders for regular engagement of a CSLW as "GSA" after the Finance Department conveys the recommendations of the Empowered Committee to the said department.
26. The Hon'ble Supreme Court in Jaggo Vs. Union of India and others, 2024 SCC Online SC 3826 noticing judgement of Constitution Bench in State of Karnataka and others Vs Uma Devi and others, 2006 AIR SC 1806 has held that no employee can be kept temporary for an indefinite period and an employee has right to be considered for regularization.
:: 25 :: O.A. No. 61/203/2021
27. In the case of Union of India Vs. K. Velajagan and others 2025 SCC Online SC 387 decided on 04.02.2025, the Hon'ble Apex Court has observed that decision in Uma Devi (supra) cannot be used as a shield to justify exploitative engagement persisting for years without the employer undertaking legitimate recruitment process to deny relief of regularization.
28. By placing reliance upon Uma Devi (supra), the respondents have raised self contradictory stand. On one hand, the respondents 2025.11.18 ARUN 10:25:31 KUMAR did not make regular appointments and on the other hand, have kept +05'30' the applicants need based for more than 18 years.
29. The applicants are not backdoor entrants and their appointment was made on the basis of advertisements and they are uninterruptedly working with the respondents' department since 2007. The manner in which the claim of the applicants, was not processed by Respondent No. 1 in terms of Rules of 2017, on account of lackadaisical approach of the Respondent department, leave much to be desired, when the fact of the matter is that the duties and responsibilities discharged by the applicants were the same as being discharged by regular employees. It is a classical example of continuous suffering faced by the applicants owing to the indifferent approach shown by the respondents, who did not live up the promise of giving regular engagement to the applicants in view of Rules of 2017. While adjudicating such cases, it is not the official apathy that we are dealing with, but also the trust in the legal system of ordinary :: 26 :: O.A. No. 61/203/2021 citizens. It is the duty of this Tribunal to ensure that injustice is remedied so that the respondents be not benefitted by their own wrongdoings.
30. Coming to the issue of payment of minimum wages to the applicants, it is not in dispute that in terms of SRO 460 dated 26.10.2017, wages @ Rs. 350/- per day are to be paid to the skilled workers. Annexure B of the above mentioned SRO defines skilled work as under:-
2025.11.18 ARUN 10:25:31 KUMAR +05'30' "(ii) Skilled Work" means work which involves skill or competence acquired through experience on the job or through training as an apprentice in a technical or vocational institute and the performance of which calls for initiative and judgement."
31. Electrician and Plumber falls under the definition of skilled workers as per classification mentioned in Annexure B of the aforesaid SRO. So it is manifest that, vide abovementioned SRO, the wages of skilled workers including casual labourers in all Government departments were enhanced from Rs. 225/- per day to Rs. 350/- per day w.e.f. 01.11.2017. It is the contention of the applicants that they had received wages @ Rs. 350/- per day only in the month of November 2018, but thereafter, their wages were again reduced from December 2018 onwards @ Rs. 225/- per day only, which is not in accordance with aforesaid SRO. The respondents, in their reply has not denied the payment of wages to the applicants at enhanced rate of Rs. 350/- per day. The grounds on the basis of which respondents are denying the wages to the applicants at the enhanced rates, is that the :: 27 :: O.A. No. 61/203/2021 applicants were engaged as Casual/Seasonal Workers and the wages are being paid to them regularly as per Government Orders from time to time, and therefore, the Minimum Wages Act would not be applicable to them. Further, due to non availability of muster sheets for the period the applicants are claiming wages, their claim was not found genuine.
32. From a bare look at the engagement order dated 30.04.2007 (Annexure A/6), the authenticity whereof has not been disputed by 2025.11.18 ARUN 10:25:31 KUMAR the respondents, it is revealed that the applicants have been engaged +05'30' as Casual/Seasonal Labourers on need basis on the minimum wages permissible under rules. Since, there is no dispute to the fact that Casual Labourers engaged by the Government departments are to be paid wages, in terms of SRO 460, therefore, there is no justification for the respondents to deny the wages to the applicants at the rates, and for the period mentioned in the aforesaid SRO.
33. Section 12 of the Minimum Wages Act casts a legally enforceable duty upon the employer to pay every employee wages @ not less than minimum wages fixed. Once, the minimum wages have been fixed by the Government of J&K in terms of SRO 460, it does not lie in the mouth of the respondents to deny the benefit of the same to the applicants. Doing so would be violation of provisions of Section 12 of the Minimum Wages Act, which is impermissible in law.
34. In so far as the contention of learned A.A.G. that wages claimed by the applicants could not be paid to them due to non availability of :: 28 :: O.A. No. 61/203/2021 muster rolls, it transpires that applicants continuously rendered their services over several years spanning more than 18 years which shows that the requirement of their work was continuous and perennial in nature, and it was the duty of the respondents to furnish such record before the Tribunal to substantiate their stand and their failure to furnish the same, allows an adverse inference to be drawn against them. State as a model employer should be welfare oriented and not have exploited the applicants by extracting duties perennial in nature 2025.11.18 ARUN 10:25:31 like regular employees, without providing them with minimum wages KUMAR +05'30' as per SRO 460. The rejection of the claim of applicants in terms of order dated 31.05.2025 has been passed without any application of mind, in a mechanical manner, purportedly to defeat the claim of the applicants notwithstanding the fact that SRO 520 has not been repealed by the government and also without considering eligibility of applicants in terms of said SRO.
35. Coming to the validity of Rule 8 of the Rules of 2017, which as per the learned Sr. Counsel is ultra vires to the Constitution of India, but, after carefully going through the classification of different period of engagement as CSLW and the monthly remuneration of skilled and unskilled workers, we are of the firm view that said classification has been made as a policy matter by providing different monthly remuneration to the skilled and unskilled workers engaged as CSLW and is not arbitrary.
:: 29 :: O.A. No. 61/203/2021
36. In view of the foregoing discussions and in the facts and circumstances of the case, we allow this O.A. with the following directions:-
i. Respondent No. 1 is directed to recommend the case of the applicants, including applicant Tarsem Singh (since deceased) for their regular engagement as GSA to the Empowered Committee in the Finance Department, within six weeks and thereafter, Finance Department shall 2025.11.18 ARUN 10:25:31 KUMAR convey the recommendations of the Empowered +05'30' Committee for creation of posts of GSA for the applicants to respondents department, within six weeks which shall issue necessary orders for regular engagement of the applicants in the category of skilled worker as GSA under Rules of 2017.
ii. The respondents are further directed to pay wages to the applicants @ Rs. 350/- per day from 01.11.2017 onwards for the days they have worked with the respondents. The applicants shall also be entitled for arrears of wages for the aforesaid period.
iii. The respondents shall calculate and disburse the wages including the arrears at the aforesaid rates for the above mentioned period to the applicants within a period of three months from the date of copy of this order is made available to the respondents, failing which the arrears of :: 30 :: O.A. No. 61/203/2021 wages shall carry interest @ 6% per annum till their realization.
37. With the above direction, the O.A. is disposed of. Contempt Petition No. 23 of 2021 is also closed.
38. No order as to costs.
(Pragya Sahay Saksena) (Sanjeev Gupta)
2025.11.18 Administrative Member Judicial Member
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