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Judgment
JUSTICE RITU TAGORE, MEMBER [JUDL.]
The matter was listed today for filing of reply. Learned counsel for the respondents submits that the reply in the Transfer Application has been filed. However, reply to M.A. No.907/2026 has not been filed.
During the course of hearing, learned counsel for the applicant, after arguing the matter for some time, submits that the interests of justice would be adequately served if the present Transfer Application is disposed of with a direction to the respondents to treat the same as a representation and consider the applicant's claims regarding her continuation against the post of Workshop Attendant, her grievance regarding replacement, payment/release of wages at the applicable rate, including her claim for payment at the rate of ₹4,500/- per month with effect from the Circular dated 29.01.2016 along with consequential arrears, her claim for release of wages from the Salary Head, and her claim for regularization, together with the documents annexed thereto, strictly in accordance with law and within a stipulated period.
Mr. Furqan Y. Sofi, learned GA appearing for the respondents, submits that the present Transfer Application may be disposed of with appropriate directions, without prejudice to the rights and contentions of the respective respondents.
The case of the applicant, as projected in the present Transfer Application, is that she has obtained a Diploma in Cutting, Tailoring and Dress Making Trades from the ITI and is competent and eligible to run the said trade independently.
It is stated that the applicant came to know about a vacancy of Workshop Attendant in ITI Tangdhar and accordingly approached the Hon’ble Minister for Technical Education seeking her appointment/engagement against the said post. The Hon’ble Minister directed the Director, Technical Education to examine the matter and take appropriate action under rules. Pursuant thereto, the Director, Technical Education Department directed the Superintendent, ITI Tangdhar to consider the matter on need basis and engage the applicant on IDF. The application along with the recommendations and directions of the Hon’ble Minister and the Director, Technical Education Department has been placed on record as Annexure-I.
Pursuant to the aforesaid directions/recommendations, respondent No.4 issued Order No.05 of 2012 dated 01.03.2012, whereby the applicant was engaged as Workshop Attendant against a clear vacancy in ITI Tangdhar on consolidated wages of ₹1,000/- per month. The applicant joined pursuant to the said order with effect from 01.03.2012 and claims to have been regularly performing her duties to the satisfaction of her superiors and receiving monthly wages of ₹1,000/- from the Institute Development Fund (IDF).
The applicant further relies upon the Circular issued by the Government/Directorate of Technical Education under endorsement No.DTE/201/2292-2372 dated 29.01.2016, whereby the Heads of the institutions under the administrative control of the Directorate of Technical Education were advised that the wages of engaged daily wagers, including casual labourers working on IDF/Pool Fund etc., shall be paid at the rate of ₹150/- per day with immediate effect, in terms of Government Order No.115 of 2013 dated 21.04.2013. The said Circular has been placed on record as Annexure-III.
**08.**It is further stated that respondent No.4, vide communication No.II/Tdr/Estt/017/111-13 dated 01.07.2017, addressed the respondent No.2 seeking confirmation of the action taken with regard to the engagement of the applicant, referring to the acute deficiency of Class-IV staff in the Institute. Thereafter, the Deputy Director, Technical Education Department, vide communication No.DTE/Estt/101/ITI/Infr/1222 dated 26.07.2017, conveyed the confirmation of the Director, Technical Education in respect of the applicant's engagement against the post of Workshop Attendant in ITI Tangdhar, Kupwara, with further directions to implement the instructions regarding enhancement of wages to ₹150/- per day. The said communication has been placed on record as Annexure-V.
According to the applicant, despite the aforesaid confirmation and the Circular dated 29.01.2016, she has not been paid wages at the enhanced rate of ₹4,500/- per month. It is also stated that respondent No.4, vide communication No.ITI/RD/ACCTT/2019/313-14 dated 14.01.2019, addressed to respondent No.2, sought permission to release the wages of the applicant, along with another incumbent, from the Salary Head, as there was no balance available in the IDF and the applicant had been working in the Institute without wages for the preceding couple of months.
The applicant further asserts that although her engagement is temporary in nature, she was engaged against an available post of Workshop Attendant and has continued to discharge her duties without any impediment. She alleges that the respondents subsequently sought to dispense with her temporary engagement and replace her by another person, which, according to her, is not permissible in law. The applicant has accordingly raised a grievance against her proposed replacement and also against non-payment of wages at the enhanced rate.
The applicant has further relied upon the aforesaid communications and documents and submits that her engagement having been confirmed by the competent authority, her claim for continuation against the post of Workshop Attendant, payment of wages and consideration of her case for regularization deserves to be examined by the respondents in accordance with the applicable rules and the law governing the field.
The applicant has, inter alia, prayed for a direction restraining the respondents from replacing her from the post of Workshop Attendant pursuant to Order No.05 of 2012 dated 01.03.2012 read with the confirmation order, and for permitting her to continue against the said post till her services are regularized in accordance with the applicable procedure. She has also sought payment of the salary attached to the post from the Salary Component or, in the alternative, payment of wages at the rate of ₹4,500/- per month with effect from the Circular dated 29.01.2016, along with consequential arrears. The applicant has further sought consideration of the request made by respondent No.4 vide communication dated 14.01.2019 for permitting release of her wages from the Salary Head.
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 Transfer Application pending, particularly in view of the limited prayer now made on behalf of the applicant.
Accordingly, without expressing any opinion on the merits of the case or the rival claims of the parties, the present Transfer Application is disposed of with a direction to the respondents to treat the same as a representation and to accord due consideration to the applicant's claims regarding her continuation against the post of Workshop Attendant, her grievance regarding replacement, payment/release of wages at the applicable rate, including her claim for payment at the rate of ₹4,500/- per month with effect from the Circular dated 29.01.2016 along with consequential arrears, her claim for release of wages from the Salary Head, and her claim for regularization, together with the communications and documents relied upon by her, strictly in accordance with the applicable rules, regulations and the law governing the field, subject to her eligibility and entitlement and there being no legal impediment thereto.
The respondents shall associate the applicant with the aforesaid exercise and afford her an opportunity to place such further material or documents as she may wish to rely upon. The respondents shall thereafter pass a detailed, reasoned and speaking order within a period of eight (08) weeks from the date a certified copy of this order is served upon them. The order so passed shall be communicated to the applicant.
It is made clear that this Tribunal has not expressed any opinion on the merits of the applicant’s claims, and all questions of fact and law are left open to be considered by the competent authority while passing the aforesaid order.
With the aforesaid directions, the Transfer Application stands disposed of. Pending miscellaneous application(s), if any, shall also stand disposed of.
No order as to costs.
Registry shall consign the record to the Record Room after due compliance.