Srinagar, Dec 16: The Jammu, Kashmir and Ladakh High Court has dismissed a writ petition filed by the Union Territory administration challenging the regularisation of a daily wager, holding that denial of regularisation after extracting work for over three decades would be illegal, inequitable and against the welfare obligations of the State.
A Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal observed that the respondent’s engagement was clearly established from official records, including Aadhaar-based verification and departmental lists, which reflected continuous service since October 1991.
Taking a serious view of the prolonged service, the Court held that after extracting work for more than 34 years, the administration could not deny regularisation, as such action would violate SRO 64 of 1994 and be grossly unfair.
Rejecting the administration’s objections, the Bench said the Union Territory, being a welfare State, could not raise such a plea after three decades of service. The Court also dismissed the argument of financial and administrative burden, stating that such grounds could not absolve the authorities of their statutory obligations.
Noting the delay, the Court observed that the respondent was 49 years old when he approached the Tribunal in 2019 and is now 56, yet the authorities continued to create obstacles. Finding no illegality in the Tribunal’s order, the High Court also directed the release of unpaid wages to the respondent.
Accordingly, the writ petition was dismissed as devoid of merit.[KNT]
