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High Court of Jammu and Kashmir · body

2020 DAILYLAW 811 (JK)

BILAL AHMAD MITHAI AND OTHERS v. UNION TERRITORY OF J AND K AND OTHERS PUBLIC WORKS DEPARTMENT P.W.D.

WP(C)/1889/2020 · 2026-07-28

Sanjay Dhar

Writ Petition (Civil)body2020

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No. 29 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1889/2020 CM(207/2022) BILAL AHMAD MITHAI AND OTHERS …Petitioner(s)/appellant(s) Through: Mr. Shuja-ul-haq, Advocate. Vs. UNION TERRITORY OF J AND K AND OTHERS PUBLIC WORKS DEPARTMENT P.W.D. ...Respondent(s) Through: Mr. Mohammad Younis, Assisting Counsel. CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE O R D E R 28-07-2026 1. The petitioners, through the medium of the instant petition, have sought following reliefs: a. By issuance of writ, order or direction one in the nature of mandamus, the respondents be commanded to regularize the services of the petitioners in the respondent corporation in view of the policy of the Govt. for regularization of daily wagers/ casual/seasonal labourers (CSLW'S) as per SRO-520 of 2017. b. By issuance of Writ of Mandamus, the respondents be commanded to continue with the services of the petitioners till the case of the petitioners is considered for regularization as their case has already been forwarded/recommended by the respondent corporation from time to time. c. By issuance of a writ of Mandamus, the Respondents be commanded to place the services of the petitioners on muster sheet instead of HR basis on the analogy of similarly situated casual laborers who are being paid wages on muster sheet basis. d. By issuance of a writ of Mandamus, the Respondents be commanded to pay wages to the petitioners without any impediment and without any kind of hindrance/obstacle. 2. Learned counsel for the petitioners has submitted that the wages due to the petitioners have been released by the respondents and they have also been brought on the muster sheets. He has further submitted that the only issue which remains to be resolved is with regard to the regularization of the services of the petitioners. 3. The respondents, in their reply, have submitted that no policy decision for regularization of casual labourers has yet been taken by the Government and decision with regard to policy pertaining to the regularization of casual labourers is awaited from the Government/competent authority. 4. It has been also submitted that, as on date, there are about 1149 casual labourers, including the petitioners, whose cases can be considered for regularization as and when the Government adopts a policy in this regard. 5. In view of the aforesaid stand of the respondents, the petition is disposed of with the direction to the respondents to consider the cases of the petitioners for regularization of their services as and when a policy is framed by the competent authority in this regard. (SANJAY DHAR) JUDGE SRINAGAR 28-07-2026 Junaid