U.T. OF J&K Vs. RATTAN CHAND

JUDGEMENT

(1.) The respondent was engaged as a Turncock' in December 1993 in the Public Health Engineering Department by petitioner No. 3 as a Daily Wager'. In the year 2005, he initially filed a writ petition, bearing SWP No. 1689/2005 for regularization of his services under SRO 64 of 1994. The said writ petition came to be disposed of vide order dtd. 14/7/2009, whereby the respondents therein i.e. the petitioners were directed to accord consideration to the case of the respondent for regularization of his services in terms of SRO 64/1994 and pass appropriate orders within a period of four weeks.

(2.) Upon failure to comply with the order dtd. 14/7/2009, the respondent filed a contempt petition bearing COA(S) No. 44/2010. During pendency of the contempt petition, respondent No. 2 vide its communication dtd. 27/2/2015 issued a continuity certificate in terms of SRO 64 of 1994 certifying that the respondent had been working as a Daily Rated Worker' since December, 1993 and the matter was taken up with the Administrative Department for regularization of services of the respondent. The Administrative Department, i.e. the petitioner No.1, forwarded the case to Planning and Development Department. Planning and Development Department vide note dtd. 3/3/2014 accorded concurrence to the creation of one post, subject to clearance of Finance Department and approval of State Cabinet in respect of age/qualification, if required. However, the Department of Finance returned the file vide note dtd. 4/6/2014 with some observations, including the one that initial engagement order or the muster roll/HR, whereunder the initial wages have been drawn in favour of respondent, to establish the status of the respondent, be furnished. After the requisite information was submitted to the Department of Finance, yet again, the Department of Finance vide note dtd. 21/1/2015 returned the file to petitioner No.1 to place on record the speaking order certifying the Daily Rated Worker' status of the respondent right from 12/1993. The speaking order dtd. 27/2/2015/continuity certificate was forwarded to petitioner No.1 by petitioner No.2 for onward submission to the Department of Finance. TheDepartment of Finance, vide its note dtd. 22/11/2016, opined that the respondent held the status of a "Casual labourer" and accordingly, petitioner No. 2 rejected the claim of the respondent for regularization under SRO 64 of 1994 vide order dtd. 25/1/2017.

(3.) Aggrieved by the said order, the respondent filed the writ petition bearing SWP No. 280/2017 for quashing the order dtd. 25/1/2017 passed by petitioner No. 2 and for regularization of his services under SRO 64 of 1994. The said writ petition was subsequently transferred to the Central Administrative Tribunal, Jammu (hereinafter to be referred as the Tribunal"), and re-numbered as Transferred Application No. 61/30/2024.