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Judgment
Learned counsel for the applicant submits that the applicant was engaged as a Daily Rated Worker (DRW) in the erstwhile Public Health Engineering Department, now Jal Shakti Department, Handwara Division. It is submitted that, after prolonged litigation culminating before the Hon'ble Supreme Court, the Government issued Government Order No. 189-JK(JSD) of 2025 dated 11.08.2025, whereby 223 Daily Rated Workers, including the applicant, were regularized as Helpers in Pay Level SL-1 against supernumerary posts. However, while appointment/regularization orders were issued in favour of the other similarly situated employees, the applicant's appointment order alone has been withheld.
It is submitted that the applicant's appointment order has been withheld solely on account of an adverse CID verification allegedly arising out of FIR No. 30/2002 registered at Police Station Kupwara under Section 7/25 of the Arms Act. Learned counsel submits that the applicant was acquitted by the competent Criminal Court vide judgment dated 10.11.2004, as the prosecution failed to substantiate the allegations against him, and that the said judgment has attained finality. It is contended that the respondents have neither supplied the alleged CID verification report nor afforded any opportunity of hearing to the applicant before withholding his appointment order.
Learned counsel further submits that despite submitting a detailed representation dated 15.06.2026 requesting issuance of the appointment order after taking into consideration the judgment of acquittal, no decision has been taken by the respondents. According to the applicant, the action of the respondents in withholding his appointment order despite the Government Order dated 11.08.2025 and despite his acquittal is arbitrary, discriminatory and contrary to the principles of natural justice. Reliance is placed upon the judgments in Joginder Singh v. Union Territory of Chandigarh, Pawan Kumar v. State of Haryana, Mohammed Imran v. State of Maharashtra and Ram Kumar v. State of Uttar Pradesh.
However, after arguing the matter for some time, learned counsel for the applicant submits that the ends of justice would be adequately served if the present Original Application is disposed of with a direction to the respondents to treat the same as a representation and consider the applicant's claim for issuance of the appointment/regularization order dated 11.08.2025, together with the documents annexed thereto, particularly in light of the judgment of acquittal dated 10.11.2004, strictly in accordance with law within a stipulated period.
Mr. Rais-ud-Din Ganaie, learned Deputy Advocate General, appearing pursuant to the advance notice served by learned counsel for the applicant, submits that the present Original Application may be disposed of with appropriate directions, without prejudice to the rights and contentions of the respondents.
Heard learned counsel for the parties and perused the record.
Having considered the submissions made at the Bar and perused the material placed on record, this Tribunal is of the considered opinion that no useful purpose would be served by keeping the present Original Application pending, particularly in view of the limited prayer made on behalf of the applicant.
Accordingly, in view of the limited prayer made by learned counsel for the applicant and without expressing any opinion on the merits of the case or the rival claims of the parties, the present Original Application is disposed of with a direction to the respondents to treat the same as a representation and consider the applicant's claim, together with the documents annexed thereto, particularly in light of the judgment of acquittal dated 10.11.2004, by passing a detailed, reasoned and speaking order strictly in accordance with the applicable rules, regulations and the law governing the field, subject to the applicant's eligibility and entitlement and provided there is no legal impediment in doing so.
The respondents shall complete the aforesaid exercise and pass an appropriate order within a period of eight (08) weeks from the date a certified copy of this order is served upon them.
With the aforesaid directions, the Original Application, along with all connected miscellaneous applications, if any, shall stand disposed of.
No order as to costs.
Registry shall consign the file to the Record Room after due compliance.