Showkat Ahmad Dar & Ors. vs Union Territory Of J&K & Ors.

JUSTICE RITU TAGORE, MEMBER [JUDL.]

Before proceeding further, it is revealed from the record that the applicants have filed M.A. No. 1299/2026 seeking permission to file a joint application. For the reasons stated therein, the said Miscellaneous Application is allowed.

Learned counsel for the applicants submits that the applicants were engaged as casual labourers in the Forest Department on different dates, as detailed in the Original Application. It is submitted that the applicants have been continuously and uninterruptedly discharging their duties at their respective places of posting and have been rendering their services to the respondents for considerable periods.

It is further submitted that, in view of their continuous engagement and utilization by the department, the applicants claim entitlement to the benefits contemplated under SRO 520 of 2017, namely, the Jammu and Kashmir Casual and Other Workers—Regular Engagement Rules, 2017, as well as SRO 64 of 1994, and consequently seek Central Administrative Tribunal^{consideration of their cases for regularization in} accordance with the applicable rules.

Learned counsel submits that the continued utilization of the services of the applicants by the department, according to them, establishes that their engagement has continued for a considerable period and that their cases require consideration under the applicable statutory framework. It is further submitted that the applicants' cases were subjected to verification by a higher-level committee constituted by the department vide order No. PCCF/PS/2018/273 dated 22.06.2018, headed by the Conservator, North. It is stated that the applicants figure in the list of candidates found eligible/cleared pursuant to the said verification, while two of the casual labourers included therein are stated to have subsequently resigned. A copy of the relevant list dated 15.02.2023 has been placed on record as Annexure-A.

It is further submitted that the applicants' continuous service was acknowledged in the course of the process Central Administrative Tribunal^{undertaken by the department in connection with SRO} 520 of 2017. Learned counsel submits that SRO 520 of 2017 provided a statutory framework concerning the regular engagement of eligible casual and other workers in Government departments.

It is further submitted that Communication No. PCCF/NG/Estt/568/3219-22 dated 30.07.2018 was addressed by Respondent No. 4 to Respondent No. 5 concerning extension of the benefits contemplated under SRO 520 of 2017 to the concerned workers. It is also submitted that an inquiry committee was constituted vide order dated 22.06.2018 to examine complaints relating to alleged unauthorized engagements in the department. According to learned counsel, the committee, upon examination of the relevant record, found a number of workers eligible under the criteria prescribed by SRO 520 of 2017.

Learned counsel further submits that SRO 520 of 2017 was subsequently repealed by the Government through Central Administrative Tribunal^{S.O. 514 of 2023 dated 06.10.2023, whereafter the} applicants submitted a representation before the competent authorities seeking consideration of their cases. It is submitted that the said representation, dated 19.03.2025, was duly acknowledged by the respondents.

Learned counsel further submits that certain similarly situated candidates, forming part of the category of workers whose cases had been cleared, had earlier approached this Tribunal by filing O.A. No. 299/2024. The said Original Application was disposed of by this Tribunal vide order dated 11.05.2026, whereby the respondents were directed to treat the Original Application as a representation and to consider and decide the case of the applicants in the light of the averments made therein and the law cited in the said Original Application, with a further direction to extend similar benefit, if the applicants therein were found to be squarely covered by the applicable law and there was no legal impediment.

Central Administrative Tribunal^{09.Learned counsel submits that the applicants claim to be} similarly situated to the applicants in O.A. No. 299/2024 and, therefore, seek similar consideration of their cases in the light of the aforesaid order dated 11.05.2026. A copy of the representation along with the acknowledgment dated 19.03.2025 and a copy of the order dated 11.05.2026 passed in O.A. No. 299/2024 have been placed on record as Annexure-B.

It is, accordingly, submitted that the applicants seek consideration of their cases for the benefit of regular engagement/regularization under the applicable rules and in the light of the order dated 11.05.2026 passed in O.A. No. 299/2024, subject to their being similarly situated and otherwise eligible in accordance with law.

Learned counsel for the applicants further submits that the applicants have exhausted the remedies available to them by approaching the competent authorities and submitting a representation, but no effective decision has been communicated to them. The applicants have, therefore, Central Administrative Tribunal^{approached this Tribunal seeking appropriate directions} for consideration and disposal of their grievance.

The applicants, accordingly, seek, inter alia, a direction to the respondents to consider their cases in terms of the order dated 11.05.2026 passed in O.A. No. 299/2024 and, if found similarly situated and squarely covered by the applicable legal position, to extend the corresponding benefit to them in accordance with law.

However, after arguing the matter for some time, learned counsel for the applicants submitted that the ends of justice would be adequately served if a direction is issued to the respondents to treat the present Original Application as a representation and consider the assertions made therein, including the applicants' claim for consideration of their cases for regular engagement/regularization under the applicable rules and for extending to them the benefit of the order dated 11.05.2026 passed in O.A. No. 299/2024, if they are found to be similarly situated and squarely covered by the said order and the applicable law, Central Administrative Tribunal^{along with the documents annexed thereto, strictly in} accordance with law within a stipulated period.

Mr. Rais-ud-Din Ganie, learned DAG, appearing pursuant to the advance notice served by learned counsel for the applicants, 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 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 now made on behalf of the applicants.

Accordingly, without expressing any opinion on the merits of the controversy, the present Original Application is disposed of with a direction to the respondents to treat the Original Application as a representation and consider Central Administrative Tribunal^{the assertions made therein, including the applicants'} claim for consideration of their cases for regular engagement/regularization under the applicable rules and for extending to them the benefit, if any, flowing from the order dated 11.05.2026 passed by this Tribunal in O.A. No. 299/2024, together with the documents annexed thereto, strictly in accordance with the applicable rules, regulations and the law governing the field.

While undertaking the aforesaid exercise, the respondents shall specifically examine whether the applicants are similarly situated to the applicants in O.A. No. 299/2024 and whether the legal principles and directions contained in the order dated 11.05.2026 are applicable to their cases. In the event the applicants are found to be similarly situated and squarely covered by the said order and the applicable law, and there is no legal impediment, their cases shall be considered for grant of the corresponding benefit in accordance with law.

The respondents shall pass a detailed, reasoned and Central Administrative Tribunal^{speaking order within a period of eight weeks from the} date a certified copy of this order is served upon them. The decision so taken shall be communicated to the applicants forthwith.

It is made clear that this Tribunal has not expressed any opinion on the merits of the claims raised by the applicants and all questions of fact and law are left open to be considered and decided by the competent authority in accordance with law.

With the aforesaid directions, the Original Application stands disposed of. Consequently, all connected miscellaneous applications, if any, shall also stand disposed of.

No order as to costs.

Registry shall consign the file to the Record Room after due compliance.