Excelsior Correspondent
JAMMU, Aug 11: In a landmark decision benefiting long-serving temporary staff, the High Court of Jammu & Kashmir and Ladakh has ordered the regularization of employees working for over a decade on a ‘need basis’ in the J&K Pollution Control Board, holding that such sustained service entitled them to be placed on the regular establishment.
Justice M A Chowdhary, while pronouncing a common judgment in three connected petitions, ruled that the petitioners, having completed seven years of service even in a temporary capacity, were entitled to regularization in line with the Jammu & Kashmir Civil Services (Special Provisions) Act, 2010.
The petitions were filed by workers engaged between 2007 and 2011, some with more than 15 years of continuous service, including Drivers, Orderlies, Electricians and Need-Based Casual Workers. Senior Advocate Abhinav Sharma with Advocate Abhirash Sharma appearing for the petitioners argued that employees in other departments with similar status had been regularized under the 2010 Act and that the Pollution Control Board itself had resolved in its 26th Board meeting in 2012 to absorb adhoc and consolidated employees.
Opposing the plea, Deputy Advocate General Vishal Bharti appearing for the respondents contended that the petitioners were engaged purely on a ‘need basis’ and therefore did not qualify under the 2010 Act. However, the court, relying on recent Supreme Court rulings including Vinod Kumar Versus Union of India (2024) and Jaggo Versus Union of India (2024), held that denying regularization after long and uninterrupted service in substantive roles amounted to unfair treatment.
Ordering the UT administration to verify service records and grant regularization from the date each petitioner completed seven years of service, the court directed that the relief be provided “in accordance with law” and without discrimination.
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