NASREENA BEGUM v. UNION TERRITORY OF J AND K AND ORS. (SCHOOL EDUCATION DEPARTMENT)
WP(C)/1658/2022 · 2026-04-07
Sanjay Dhar
Writ Petition (Civil)body2022
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[ 2022 DAILYLAW 809 (JK) · dailylaw.ai ]
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[ 2022 DAILYLAW 809 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 53 Regular Cause List.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C) 1658/2022 CM(4059/2022).
NASREENA BEGUM.
…Petitioner (s)
Through: Mr. M. Saleem Mir, Advocate.
VERSUS
UNION TERRITORY OF J AND K AND ORS.
Through: Mr. Alla ud din Ganai, AAG.
…Respondent(s)
CORAM:
HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE.
ORDER 07-04-2026
01. The petitioner, through the medium of the present Writ petition, has challenged Order bearing No. ZEOC/461-67 dated 22nd of June, 2022, whereby her services as supporting staff (Sweeper) in KGBV Chanipora, have been disengaged and, in her place, one Ms. Tabassum Begum has been engaged as a Sweeper. 02. It has been contended in the petition that the petitioner was engaged as a full-time Sweeper on casual basis on the recommendations of the Warden, KGBV Chanipora, in terms of Order No. ZEOC/2043-64 issued in September, 2013, and that since her engagement, she has been discharging her duties to the satisfaction of her superior officers. It is being further submitted that the petitioner is not being permitted to mark her attendance in the official attendance Register and, despite repeated requests, no action has been taken by the respondents. It has
also been submitted that the petitioner has been verbally directed to remain at home on the ground that her services are no longer required. According to the petitioner, her wages have not been released by the respondents since January, 2022, and because of her poor financial condition, she is unable to make her both ends meet. 03. The respondents, in their reply, have submitted that the petitioner continued to perform her duties up to 27th of June, 2022, after her engagement in the year 2013. It is being further submitted that as per the scheme under which the petitioner was engaged, she has no right either to continue in service or to seek regularization/absorption. The respondents have also stated that an amount of Rs. 28,668/-, on account of wages due, has already been released in favour of the petitioner vide advice dated 19th of July, 2022. It has been submitted that one member from the family of Sh. Abdul Hamid Khan has been engaged in view of the fact that he had donated (three kanals) of land for construction of the KGBV Hostel/School. 03. Heard and considered. 04. It is an admitted position that the petitioner was engaged as a Sweeper on temporary/casual basis for undertaking cleaning work in KGBV School, Chanipora, under the Sarva Shiksha Abhiyan (SSA) Scheme. Insofar as the nature of engagement of the petitioner is concerned, the same was admittedly temporary and casual in nature.
The legal position is well settled that a temporary or casual employee has no legal right to continue in service, and as such there is no corresponding duty cast upon the employer to continue services of such an employee. 05. Having regard to the nature of employment of the petitioner, she has no vested right to continue in service. As per Order No. 933 Ujala of 2008 dated 24th of September, 2008, in the matter of engagement of Chowkidars/Sweepers/Cooks in KGB schools, preference is to be accorded to candidates who have donated their land for construction of school buildings. Once Sh. Ab. Hamid Khan donated his land for construction of the School building, the respondents were legally bound to engage his family member as Sweeper, which they have done in terms of the impugned order. The petitioner has not laid any challenge to the policy under which her substitute has been engaged by the respondents nor has she been impleaded as party to the present proceedings. 06. In view of the above, the Writ petition, being devoid of any merit, deserves to be dismissed. The same is accordingly dismissed. 07. Record be returned to the learned counsel for the respondents. (Sanjay Dhar)
Judge
SRINAGAR 07-04-2026 Showkat Khan