Showkat Mukhtar Mir & Ors. vs Union Territory Of Jammu And Kashmir & Ors.

Per Hon'ble Mr. M.S. Latif, Member (Judl.)

The applicants, nine (09) in number, have filed the instant O.A. Since the cause of action and reliefs claimed by all the applicants are identical, the M.A. for joint application under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987, is allowed.

Through the medium of the instant O.A., the applicants seek the following reliefs:

What stems out of the pleadings made is that the applicants are working as Prism Men, Chain Men and Driver under the Revenue Department of the Union Territory of Jammu and Kashmir. It is stated that they were engaged under different orders issued from time to time between the years 1999 and 2014 by the competent authorities and have since been continuously discharging their duties in connection with settlement operations and other revenue-related functions in different districts of the U.T.

It is averred that after their engagement, the applicants continued to work on consolidated remuneration, which was revised by the respondents from time to time and presently stands at Rs. 9,000/- per month. As stated, the applicants have been performing duties relating to land survey, field measurements, demarcation of boundaries, preparation and verification of revenue maps and other allied functions under the Settlement Organization of the Revenue Department.

It is further stated that vide Government Order No. Rev(MG) 142 of 1999 dated 22.07.1999, sanction was accorded to earmark 100 posts of Patwari out of the total posts created vide Government Order No. Rev(S) 136 of 1997. The said order provided that the aforesaid posts would be filled up from amongst eligible Chain Men engaged in Settlement Operations. Pursuant thereto, vide Government Order No. Rev(NG) 164 of 2000 dated 26.09.2000, about 100 eligible Chain Men/Prism Men were appointed as Patwaris in the Revenue Department.

It is further averred that the applicants continued to discharge their duties in the Settlement Organization. The Government, vide Cabinet Decision No. 128/11/2014 dated 16.07.2014, approved the proposal regarding creation and operationalization of New Administrative Units in the erstwhile State of Jammu & Kashmir. It is added that while issuing the aforesaid communication, the Revenue Department, provided that the services of Settlement Assistants, Prism Men and Chain Men would be utilized in the newly created Administrative Units and that modalities for their regularization/absorption would be worked out.

Learned counsel for the applicants, Mr. Asif Maqbool, submits that thereafter the Government constituted a Committee vide Government Order No. 905-GAD of 2014 dated 19.08.2014, comprising officers of different departments to examine the modalities for regularization/absorption of services of Settlement Assistants, Prism Men and Chain Men in the newly created Administrative Units. It is stated that the Committee held meetings on 20.10.2014 and 24.02.2015 and made recommendations regarding absorption / adjustment of Settlement Assistants, Prism Men and Chain Men against the requisite Class-IV posts in the newly created Administrative Units.

It is further stated that subsequently the Revenue Department issued Government Order No. 117-Rev(S) of 2019 dated 24.10.2019, whereby sanction was accorded to the creation/establishment of a separate and independent Registration Department along with various posts for making the department functional.

Learned counsel for the applicants submits that the respondents themselves have acknowledged the entitlement of similarly situated employees to appointment in the Revenue Department. To this effect, he has relied upon the Government Order No. 13-JK (Rev) of 2926 dated 27.04.2026 whereby sanction has been accorded to the appointment of similarly situated employees as Patwaris against available District Cadre vacancies. He has also relied upon the decision passed in T.A/219/2025 by this Tribunal whereby the respondents were directed to consider and accord them the benefit of regularization/absorption against appropriate available posts in accordance with the applicable Government Orders and policy decisions.

Being aggrieved by the inaction of the respondents in considering the case of the applicants, despite the policy decisions and recommendations regarding their absorption, the applicants have filed the instant O.A. seeking appropriate reliefs before this Tribunal.

Heard.

At the request of learned counsel for the applicants, the O.A. is taken up for its disposal.

The O.A. is disposed of by providing that the respondents shall treat this O.A. as a representation, who shall consider and decide the case of the applicants, in accordance with law, keeping in view the merits of the case and the entitlements/eligibility of the applicants. The respondents shall grant same benefit as been granted to similarly situated employees, reference of which has been made in the O.A., if there is no legal impediment. The above exercise shall be done by passing a speaking order within a period of eight (08) weeks from the date a certified copy of this Order is served upon the respondents. Needless to mention that this Court has not expressed any opinion on the merits or otherwise of the case.

Accordingly, O.A. No. 816/2026 is disposed of along with all connected M.A.s, if any.