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High Court of Jammu and Kashmir · body

2018 DAILYLAW 1091 (JK)

SWARN SINGH v. M.RAJU SECY.P.H.E DEPTT AND ANR.

CPSW/323/2018 · 2026-02-25

Sanjay Dhar

body2018

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CPSW No.323/2018 in SWP No.1957/2002 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CPSW No.323/2018 in SWP No.1957/2002 Date of pronouncement : 25.02.2026 Uploaded on : 26.02.2026 Swarn Singh ….Petitioners Through:- Mr. Nitin Bhasin, Advocate V/s M. Raju & Anr. …..Respondents Through:- Ms. Chetna Manhas, Advocate vice Mrs. Monika Kohli, Sr. AAG \ CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE JUDGMENT (ORAL) - 1. The petitioner, through the medium of present petition is seeking implementation of order dated 19.05.2016 whereby the respondents were directed to regularize the services of the petitioner on completion of 7 years of continuous service in terms of SRO-64 of 1994. 2. During the pendency of the present petition, initially respondents came up with the order for regularization of services of the petitioner w.e.f. 24.05.2022 but because there was a direction from this Court that the petitioner should be regularized Serial No.36 Regular List CPSW No.323/2018 in SWP No.1957/2002 with effect from the date he had completed seven years as a ‘Daily Rated Worker’, another order came to be issued whereby the date of regularization of services of the petitioner has been considered in the pay scale of 2550-3200 (pre-revised) with effect from August, 2023. Thus, services of the petitioner have been regularized after completion of seven years as ‘Daily Rated Worker’. The judgment of the writ Court, thus, stands complied with. 3. Learned counsel for the petitioner has submitted that after giving retrospective effect to the regularization of services of the petitioner, he has not been paid the arrears of the salary and other benefits. 4. There is no condition attached to the order of regularization of the petitioner and it is not provided in the said order that notional effect is to be given to the retrospective regularization of the petitioner. In this view of the matter, if the petitioner has any grievance about non-release of arrears of salary or any other benefits, the same forms separate cause of action for which he is at liberty to take appropriate way of legal course. 5. Once order of regularization of the petitioner has been issued by the respondents without attaching any condition thereto, the judgment of the writ Court CPSW No.323/2018 in SWP No.1957/2002 stands complied with. Therefore, the contempt proceedings are closed. 6. Petition stands disposed of. (SANJAY DHAR) JUDGE JAMMU 25.02.2026 Sneha Whether the judgment is speaking: Yes/No Whether the judgment is reportable: Yes/No