Ahmed Din vs Director Health Services Ut on 12 February, 2026

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Central Administrative Tribunal - Jammu

Ahmed Din vs Director Health Services Ut on 12 February, 2026

                                                                                                  :: 1 ::                TA 2337/2020

                                                            CENTRAL ADMINISTRATIVE TRIBUNAL
                                                                       JAMMU BENCH, JAMMU

                                                                           Hearing through video conferencing

                                                                    Transfer Application No. 2337/2020
                                                                                        Reserved on: - 08.12.2025
                                      Pronounced on: - This the 12th day of February 2026

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

                                   Ahmed Din, S/o Sh. Ghulam Nabi, R/o Village Thal Lohai, Tehsil
                                   Billawar, District Kathua, Age 47 years.

                                                                                                                       ...Applicant
                                   (Advocate: - Mr. Rahul Aggarwal)

                                                                                                 Versus

                      1. State of J&K through Commissioner/Secretary to the Govt. of J&K
                         Srinagar, Kashmir.

                      2. Director Health Service, Jammu.

                      3. Chief Medical Officer, Kathua.

                      4. Block Medical Officer, Billawar.
                                                                                                                    ...Respondents

                                   (Advocate:- Mr. Sudesh Magotra, Ld. AAG)




              RAJAT SINGH PATHANIA



RAJAT SINGH
              C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer
              Grade D, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="
              Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone=
              53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe,
              SERIALNUMBER=
              c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, E=


 PATHANIA     [email protected], CN=RAJAT SINGH PATHANIA
              I am the author of this document

              2026.02.13 11:06:43+05'30'
                                                                                         :: 2 ::            TA 2337/2020

                                                                                        ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No. 2860/2019 was transferred from the Hon'ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No. 2337/2020 by the Registry of this Tribunal.

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

"It is most humbly submitted that an appropriate writ, direction or order may very kindly be issued in the nature of writ of Mandamus commanding the respondents to regularise the service of the petitioner, by giving to him the benefits of SRO-64 of 1994 or otherwise under J&K Civil Services (Special Provision) Act 2010 w.e.f. the date the petitioner completed his Seven years of adhoc/consolidated service with all the consequential benefits including the monetary benefits;

Any other writ, direction or order which in the facts and circumstances of the case this Hon'ble Court deems fit, the same be also granted in favour of the petitioner."

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

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= PATHANIA [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:06:43+05'30' :: 3 :: TA 2337/2020 i. The petitioner hails from a very humble and backward family and is also a resident of a remote and backward area Lohai in District Kathua.

ii. The respondent No. 2 vide his No. ES-

5/NG/89/6846 dated 4/1/1990 appointed the petitioner as IV Class in stop gap arrangement initially for a period of two months, or till the appointment is regularly made by the department in the pay scale of 600-930. This order was followed by the respondent No. 3, who in compliance to the order of Director Health Services Jammu vide his own Order No. 10270-72 dated 9/1/1990 joined the petitioner and posted him in Primary Health Centre Machhedi against a newly sanctioned post in that Health Centre.

iii. The petitioner right from January 1990 till date is working as IVth Class in the same arrangement during all such period neither ever said post was filled regularly, nor the petitioner's arrangement was ever brought to an end. At the initial stage for 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= PATHANIA [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:06:43+05'30' :: 4 :: TA 2337/2020 some time break of one day was given in the service of the petitioner after 89 days, but subsequently this one day's break was also not observed and followed and the net result of which is that the petitioner for the last about 20 years continuing and performing his duties to the satisfaction of all the concerned continuously and without any break iv. During all such period the petitioner through proper channel have been time and again approaching the respondents for regularisation of his services with all the consequential benefits, but nothing tangible has been done so far. In order to come within the ambit and scope of SRO- 64 of 1994 Seven years continuous Service was required, which the petitioner completed in the month of January 1997, but despite there being dozens of vacancies of IVth Class in the department the services of the petitioners were not regularised although the post against which rather 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= PATHANIA [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:06:43+05'30' :: 5 :: TA 2337/2020 upon which the petitioner continues to work for the last about 20 years is vacant and is available. v. The Govt. further in order to meet the long pending demands of the incumbents passed an enactment famously known as Jammu and Kashmir Civil Services (Special Provision Act 2010) which came into force on 29/4/2010 and here also Seven Years regular service was the condition precedent for the regularisation, but even after the lapse of 9 years after coming into force of the law of 2010, the grievance of the petitioner remains unsatisfied and unattended.

vi. In its 54th Meeting held on 24/2/2016 to deal with the subject of Regularisation of Adhoc/ Contractual /Consolidated employees and the Annexure-A annexed with that the name of the petitioner also came to be recommended, after finding him eligible for the post of IVth Class, however with the condition that the department with the approval of Competent authority, 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="

vii. The petitioner at the initial stage was engaged by the Competent Authority, during those days Director was the competent authority. The petitioner who is a poor man and a rustic villager, and who have been performing his duties continuously and with great dedication and commitment, with Legitimate Expectation at the word of the respondents that his services shall be regularised and now after 20 years the petitioner's regularisation cannot be delayed by saying that though he is eligible, but till his initial service is regularised he cannot be regularised.

viii. In the facts and circumstances of the case the petitioner cannot be faulted with all that and only in order to remove the difficulties and lapses in any the same were required to be set right by Amendment 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= PATHANIA [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:06:43+05'30' :: 7 :: TA 2337/2020 ix. It is for the respondents herein to get the initial service of the petitioner regularised by the Competent Authority and the petitioner has to do nothing with that. All this is merely the slackness and apathy of the respondents which is coming the way of the petitioner, who has been made the worst hit victim of the apathy of the system. x. The Government earlier vide various orders being issued from time to time have been issuing the orders of regularisation of Adhoc/Contractual Employees of Health Department, but the orders of the petitioner are being delayed.

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

Preliminary Objections:-

1. The present writ petition/TA doesn't disclose any infringement of any fundamental, statutory or legal right of the petitioner/applicant, as such, the present writ petition/TA filed by the petitioner/applicant deserves an outright dismissal.

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= PATHANIA [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:06:43+05'30' :: 8 :: TA 2337/2020

2. No cause of action whatsoever has accrued to the petitioner/applicant against the answering respondents, therefore, the petitioner/applicant has no right or locus standi to approach this Hon'ble tribunal by way of the instant writ petition/TA, therefore, the writ petition/TA being non maintainable deserves to be dismissed.

3. The petitioner/applicant has not come up with clean hands before this Hon'ble tribunal and has tried to mislead the Hon'ble tribunal by sheer misrepresentation of facts. The present writ petition/TA suffers from suppressio-veri, suggestio- falsi, which renders it liable to be dismissed in limine.

4. The petitioner/applicant has raised disputed and intricate questions of fact in the present writ petition/TA, which cannot be adjudicated upon by this Hon'ble Tribunal through the medium of present writ petition/TA in exercise of its extraordinary writ 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="

5. The writ petition/TA is completely misconceived and misdirected both on facts and on law and the writ Dentis petitioner/applicant has no case at all, therefore, the writ petition/TA is misconceived in its entirety deserves to be dismissed.

Without prejudice to the foregoing preliminary objections, the answering respondents deem it proper to place on record the factual matrix/reply-on-merits of the case for proper appreciation and adjudication by this Hon'ble Tribunal:-

Factual matrix/Reply on merits:-

6. Further its submitted that the petitioner has filed the writ petition in the Hon'ble High Court of J&K and Ladakh at Jammu which came to be transferred to Central Administrative Tribunal, Jammu Bench after transition and reorganization of erstwhile State of J&K into Union Territory of J&K and Union Territory of Ladakh and renumbered as 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= PATHANIA [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:06:43+05'30' :: 10 :: TA 2337/2020 T.A./2337/2020. The petitioner/applicant in writ petition/TA has sought directions to command the respondents to regularise the service of the petitioner by giving him the benefits of SRO-64 of 1994 or otherwise under the provisions of J&K Civil Services (Special Provision) Act, 2010 from the date the petitioner completed his seven years of consolidated/Adhoc Service and all the consequential benefits including the monetary benefits:-

7. It is further submitted that the petitioner/ applicant was engaged by the respondent No. 3 as Class-IV on stop gap arrangement for a period of two months or till the appointment is regularly made by the department, vide Order No:-10270-72, dated 09- 01-1990. Since, the petitioner/applicant has not been disengaged against any sanctioned post by the competent such no right is accrued to the authority as petitioner/applicant to claim for regularization of his services. The engagement of the petitioner /applicant has not been made against any 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= PATHANIA [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:06:43+05'30' :: 11 :: TA 2337/2020 sanctioned posts following due procedure as envisaged under rules as such his engagement itself is in violation of Article 16 of the Constitution of India. Therefore, the petitioner/applicant cannot claim regularization of his services when his engagement is dehors the rules.

8. Further it is submitted that in order to regularize the services of the employees working in different departments Consolidated basis, the Government in the year, 2010 on Adhoc/Contractual/framed a policy, to regularize the services of these employees, called J&K Civil Services (Special Provisions) Act, 2010 which now stands repealed by Ministry of Home Affairs vide SO 1229(E) dated 31-03-2020.

9. It is submitted that vide SRO-64 of 1994, dated 24-03-1994, Government has made rules called the Jammu and Kashmir Daily Rated Workers/Work Charged Employees (Regularization) Rules and these rules apply to the Daily rated workers/work charged Employees engaged in any Government Department. 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= PATHANIA [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:06:43+05'30' :: 12 :: TA 2337/2020 The Rule 5 of SRO-64 of 1994 provides that "All the Daily Rated workers who on 31-3-1994 are eligible under Rule 4 for regularization shall with effect from 01-04-1994, be appointed on the regular pay scale of Class-IV prescribed in the concerned department for the relevant category of posts in the scale of Rs.750-

940." However, as per record, the applicant has been engaged on stop-gap arrangement and not as a Daily Rated worker, as is evident from his initial engagement order, as such he does not come under the ambit of SRO-64 of 1994 and is not entitled for regularization of his services in terms of SRO-64. As such the Transfer Application of the applicant deserves to be dismissed on this score alone.

10. It is submitted that subsequently, in the year, 2017, the Government also framed rules called the Jammu and Kashmir Casual and Other Workers- Regular Engagement Rules, 2017 and these rules were meant for regular engagement of casual, seasonal or other workers who has been engaged 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= PATHANIA [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:06:43+05'30' :: 13 :: TA 2337/2020 through an appointment order or otherwise casual/seasonal services in the department and the basis for rendering other workers category included Daily rated workers rendering daily wage services and workers who were being paid wages through Hospital Development Funds, left out Adhoc/contractual/ consolidated, seasonal workers etc. However, this SRO-520 also stands repealed following enactment of reorganization Act, 2019. As of now, there is no regularization of policy/rules governing the employees working on ог Adhoc/consolidated/contractual/contingent basis even stop-gap arrangements in the UT of J&K as such the petitioner/applicant is not entitled to regularization of his services either under J&K Civil Services (Special Provisions) Act, 2010 or SRO-64 of 1994 as after enactment of reorganization Act, 2019 there are no rules/policy of the Government to regularize the services the department on Adhoc/contractual/ consolidated/stop-gap 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="

11. It is submitted that the petitioner/applicant having been engaged without following the proper procedure as such cannot claim for regularization in as much as the Hon'ble Supreme Court of India has laid the law in the case of Umarani Vs Registrar, Coop. Societies (2004) 7 SCC 112 that:

"...when a person enters a temporary employment or gets engagement as a contractual or casual worker and the engagement is not based on a proper selection as recognized by the relevant rules or procedure, he is aware of the consequences of the appointment being temporary, casual or contractual in nature. Such a person cannot invoke the theory of legitimate expectation for being confirmed in the post when an appointment to the post could be made only by following a proper procedure for selection and in cases concerned, in consultation with the Public Service Commission. Therefore, the theory of legitimate expectation cannot be successfully advanced by temporary, contractual or casual employees. It cannot also be held that the State has held out any promise while engaging these persons either to continue them where they are or to make them 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="

12. It is further submitted that the Hon'ble Supreme Court in the same case also held that:

"...a daily rated or casual worker is only a temporary employee, and it is well settled that a temporary employee has no right to the post. The term "temporary employee" is a general category which has under it several sub-categories e.g. casual employee, daily-rated employee, adhoc employee, etc. The distinction between a temporary employee and a permanent employee is well settled. Whereas a permanent employee has a right to the post, a temporary employee has no right to the post. It is only a permanent employee who has a right to continue in service till the age of superannuation (unless he is dismissed or removed after an inquiry, or his service is terminated due to some other valid reason earlier). As regards a temporary employee, there is no age of superannuation because he has no right to the post at all. Hence, it follows that no direction can be passed in the case of any temporary employee that he should be continued till the age of superannuation;

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="

13. Respondents further submit here that in Tariq Ahmad Mir and Ors Vs State of J&K and Ors 2007 JKJ (HC) (2) 584 it was held that:-

".....Regularization cannot be made to the post de- hors the Rules and an employee cannot invoke the jurisdiction of the court in order to seek appointment and that too de-hors the Rules"

14. That it is submitted that since the engagement of the petitioner/applicant is not against any sanctioned post and is without following due procedure as provided under the rules such he is not entitled to regularization of his services. On this score the TA of the applicants is without any merit deserves to be dismissed.

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

6. The petitioner's case presents a compelling narrative of prolonged public service marked by administrative inertia, rooted in an initial stop-gap appointment as a Class-IV employee on 09.01.1990, against a newly sanctioned post at Primary Health Centre Machhedi in District Kathua. Hailing from the remote 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= PATHANIA [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:06:43+05'30' :: 17 :: TA 2337/2020 backward village of Lohai, the petitioner, from a humble background, has rendered unbroken service for over 36 years to the satisfaction of departmental authorities, with only nominal one- day breaks in the early phase that were subsequently discontinued. This continuity far exceeds the seven-year threshold mandated under key regularization frameworks such as SRO-64 of 1994, which targeted daily-rated and work-charged employees, and the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010, designed explicitly to address long-pending claims of adhoc, contractual, and consolidated workers like the petitioner. By January 1997, the petitioner had indisputably qualified for regularization, yet repeated representations through proper channels yielded no tangible relief, despite the post remaining vacant and numerous Class-IV vacancies existing within the Health Department.

7. The respondents' counter-narrative hinges on preliminary objections alleging absence of cause of action, unclean hands, suppression of facts, and intricate factual disputes unsuitable for writ jurisdiction, alongside merits-based defenses emphasizing the initial engagement's irregularity purportedly dehors rules, not 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= PATHANIA [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:06:43+05'30' :: 18 :: TA 2337/2020 against a sanctioned post, and in violation of Article 16 of the Constitution. These objections falter under scrutiny, as the pleadings and annexed orders unequivocally establish a cause of action through decades of legitimate expectation fostered by continuous service, departmental assurances, and a specific recommendation in the 54th Meeting of February 24, 2016, which deemed the petitioner eligible subject only to post-facto ratification of the initial engagement by the then-competent authority, the Director Health Services. No evidence of misrepresentation or fraud emerges; disputed elements like post-sanctioning and appointing authority's competence resolve directly from the record, rendering oral evidence unnecessary in this extraordinary jurisdiction petition.

8. On merits, the respondents' invocation of precedents such as Umarani v. Registrar, Cooperative Societies (2004) 7 SCC 112 and Tariq Ahmad Mir v. State of J&K (2007) JKJ (HC) (2) 584 misapplies the law to these facts. Umarani addresses short-term casual or contractual hires without sanctioned posts or proper selection, denying legitimate expectation where no promise of permanence exists; it distinguishes such cases from long-serving incumbents on 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= PATHANIA [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:06:43+05'30' :: 19 :: TA 2337/2020 approved vacancies, as here, where the petitioner's engagement aligns with routine stop-gap measures for sanctioned needs, evolved into de facto permanency over 36 years. Similarly, Tariq Ahmad Mir prohibits regularization de hors rules but carves space for equity in continuous, sanctioned service a precise fit given the 2016 recommendation and policy intent. The broader Hon'ble Supreme Court schema in State of Karnataka v. Umadevi (2006) 4 SCC 1 permits one-time regularization for pre-2003 irregular appointees with over a decade's service on sanctioned posts, a window extended in Jammu and Kashmir through SRO-64, the 2010 Act, and SRO-520 of 2017, all emphasizing humanitarian relief over hyper-technical procedural flaws attributable to the employer.

9. Post-2019 reorganization into Union Territories, leading to repeals like SO 1229(E) of 31.03.2020, does not extinguish vested rights accrued under prior enactments. The petitioner's case exemplifies administrative apathy; eligible since 1997, recommended in 2016, yet stalled by respondents' failure to ratify a procedural step well within their purview, not the rustic petitioner's burden. Legitimate expectation, enshrined in Union of India v. 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= PATHANIA [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:06:43+05'30' :: 20 :: TA 2337/2020 Hindustan Development Corporation (1993) 3 SCC 499, binds the state via its conduct, representations, and inaction amid vacancies, rendering denial discriminatory and unconscionable.

10. The petitioner's socio-economic vulnerability as a poor, illiterate villager from a backward area, coupled with unwavering dedication, contrasts sharply with the system's slackness, perpetuating uncertainty and eroding dignity after a lifetime of service. Policy frameworks like SRO-64 deemed stop-gap continuity akin to daily-rated service for regularization from 01.04.1994, while the 2010 Act targeted exactly such incumbents with seven years, underscoring legislative benevolence for Class-IV backlogs. No public interest counters relief; the post remains vacant, and post- facto formalities cure any nominal irregularity without undermining recruitment rules, as retrospective direct process is infeasible after decades.

11. 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 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= PATHANIA [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:06:43+05'30' :: 21 :: TA 2337/2020 SLP(C) No. 11086 of 2024, respectively wherein the Hon'ble Apex Court authoritatively held that where an employee has continuously worked for several years, satisfied the eligibility conditions, denial of regularization benefit amounts to unfair treatment and cannot be sustained in law. The Hon'ble Apex Court ordered the appellants to be reinstated and their services to be regularized after quashing the termination orders dated 27.10.2018. The appellants were entitled to continuity of service for post-retiral benefits, even though they were not given back pay for the time they had not worked. The Hon'ble Apex Court emphasized how unfair the appellants' termination was and how temporary employment contracts are being abused to avoid paying workers for continuing and necessary work. 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:

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= PATHANIA [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:06:43+05'30' :: 22 :: TA 2337/2020 Employees engaged for work that is essential, recurring, and integral to the functioning of an institution are often labelled as "temporary" or "contractual," even when their roles mirror those of regular employees. Such misclassification deprives workers of the dignity, security, and benefits that regular employees are entitled to, despite performing identical tasks. • Arbitrary Termination: Temporary employees are frequently dismissed without cause or notice, as seen in the present case. This practice undermines the principles of natural justice and subjects workers to a state of constant insecurity, regardless of the quality or duration of their service. • Lack of Career Progression: Temporary employees often find themselves excluded from opportunities for skill development, promotions, or incremental pay raises. They remain stagnant in their roles, creating a systemic disparity between them and their regular counterparts, despite their contributions being equally significant.

Using Outsourcing as a Shield:

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.

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= PATHANIA [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:06:43+05'30' :: 23 :: TA 2337/2020

26. While the judgment in Uma Devi (supra) sought to curtail the practice of backdoor entries and ensure appointments adhered to constitutional principles, it is regrettable that its principles are often misinterpreted or misapplied to deny legitimate claims of long-serving employees. This judgment aimed to distinguish between "illegal" and "irregular" appointments. It categorically held that employees in irregular appointments, who were engaged in duly sanctioned posts and had served continuously for more than ten years, should be considered for regularization as a one-time measure. However, the laudable intent of the judgment is being subverted when institutions rely on its dicta to indiscriminately reject the claims of employees, even in cases where their appointments are not illegal, but merely lack adherence to procedural formalities. Government departments often cite the judgment in Uma Devi (supra) to argue that no vested right to regularization exists for temporary employees, 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 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="

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.

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

12. In sum, the facts compel findings of continuous eligible service on a sanctioned post, unqualified policy compliance, binding departmental recommendation, and entrenched legitimate expectation, unmarred by fraud or illegality. Respondents' defenses collapse as technical shields against equity, violative of constitutional ethos. Regularization from 01.01.1997 the seven-year milestone with full consequential benefits is not discretionary but mandated.

13. The Transfer Application is allowed, with following directions:

i. The respondents are directed to regularize the services of the petitioner as Class-IV employee in 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= PATHANIA [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:06:43+05'30' :: 25 :: TA 2337/2020 the Health Department with immediate effect from 01.01.1997, the date he completed seven years of continuous service, against the sanctioned post at Primary Health Centre Machhedi, District Kathua, on which he has continuously worked since January 1990.

ii. The respondents shall forthwith ratify/regularize the initial stop-gap engagement of the petitioner vide Order No. ES-5/NG/89/6846 dated 04.01.1990 and Order No. 10270-72 dated 09.01.1990, as recommended in the 54th Meeting held on 24.02.2016, treating the same as valid ab initio.

iii. Consequent upon such regularization, the petitioner shall be entitled to all service benefits including, but not limited to, seniority from 01.01.1997 in the relevant cadre, placement in the regular pay scale applicable to Class-IV posts 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="

iv. The entire exercise of regularization, ratification, and release of arrears shall be completed within three months from the date of this judgment. v. No costs are awarded.

(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= PATHANIA [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:06:43+05'30'

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Ahmed Din vs Director Health Services Ut on 12 February, 2026