Jammu and Kashmir High Court Upholds Regularization of Long-serving Daily Wager

Tribunal's Decision to Regularize Worker Under SRO 64 Affirmed, Setting Precedent for Employment Fairness

In a landmark judgment delivered on December 11, 2025, the Jammu and Kashmir High Court upheld a decision by the Central Administrative Tribunal regarding the regularization of Kashmir Singh, a Daily Rated Worker engaged since 1993. The Court dismissed a writ petition filed by the Union Territory of Jammu and Kashmir and others, thereby affirming the Tribunal's directive to regularize Singh's employment under SRO 64 of 1994.

The case, heard by a Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal, revolved around the employment status of Kashmir Singh, who had served continuously for nearly three decades. Despite the petitioners' contention that Singh was engaged as a "Casual Labourer" and thus ineligible for regularization, the High Court found substantial evidence to the contrary. Certificates from Executive Engineers verified Singh's uninterrupted service as a Daily Rated Worker since 1993.

The court highlighted the misuse of employment classifications to deny workers their rightful benefits, echoing observations from the Supreme Court in cases such as Jaggo v. Union of India and Dharam Singh v. State of U.P. These precedents emphasize fair employment practices and the necessity for regularization of long-serving temporary workers performing essential roles.

The High Court observed that the petitioners' actions, which included selective regularization of other workers while excluding Singh, contradicted their own admissions and the evidence provided. The judgment noted that Singh's employment predated the March 31, 1994, deadline set by SRO 64, thereby entitling him to regularization.

The ruling underscores the judiciary's stance against arbitrary employment practices and reinforces the principles of job security and fairness, particularly in government employment. The decision is expected to set a precedent for similar cases, urging government bodies to adhere to fair employment standards and avoid prolonged temporary engagements for roles that are integral and continuous.

Bottom Line:

Employment Law - Continuous service as a Daily Rated Worker for three decades - Entitlement to regularization under SRO 64 of 1994 upheld despite contrary claims of the employer.

Statutory provision(s): SRO 64 of 1994, J&K Civil Services (Special Provisions) Act, 2010, SRO 520 of 2017

U. T. of J&K v. Kashmir Singh, (Jammu And Kashmir)(DB) : Law Finder Doc Id # 2821199