J AND K STATE BOARD OF SCHOOL EDUCATION REHARI JAMMU TH ITS CHAIRMAN AND ANOTHER v. KULDEEP SINGH AND ANOTHER
LPA/115/2022 · 2026-02-02
Rajnesh Oswal
body2022
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Judgment text
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LPA No. 115/2022
Serial No. 4
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
CJ Court LPA No. 115/2022 in SWP No. 480/2018 CM No. 773/2025 CAV No. 1393-6425/2022
Pronounced on: 02.02.2026 Uploaded on: 05.02.2026
1. J&K State Board of School Education, Rehari Colony, Jammu
2. Secretary, J&K State Board of School Education Rehari Colony, Jammu
…..Appellant(s)/Petitioner(s)
Through: Mr. K. D. S. Kotwal, Advocate.
vs
1. Kuldeep Singh Aged 34 years S/O Sh. Jodh Singh R/O Village Muthlal (Alinbas) Tehsil Pogal Paristan District Ramban.
2. Sanjay Kumar Aged 36 Years S/O Sh. Nand Lal R/O Village Bara Meryote Tehsil Kalakote District Rajouri.
.…. Respondent(s)
Through: Mr. Dhruv Pant, Sr. Advocate with Mr. Anirudh Sharma, Advocate.
Coram: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
JUDGMENT(ORAL)
(Rajnesh Oswal-J)
1. Heard learned counsel for the parties and perused the record.
LPA No. 115/2022
2. The respondents had filed the writ petition for commanding the appellants to regularise them as orderlies/Class-IV employees in the Pay Band of Rs. 4440-7440 with the Grade Pay of 1300 against the available posts of orderlies with effect from 09.05.2014, as has been done in favour of the other similarly situated employees engaged on consolidated basis vide
order No. 17-B of 2018 dated 02.01.2018.
3. The said writ petition came to be disposed of by the learned Writ Court in terms of following directions:
“19. In view of the aforesaid discussion, this writ petition is allowed and the respondents are directed to regularise the petitioners on Class-IV posts against the available vacancies with notional effect from the date their regularisation has become due subject to fulfilment of eligibility criteria. It is, however, open for the Board to fill up the vacancies in regular process.”
4. The sole contention raised by the appellants in assailing the order ibid through the medium of this intra-court appeal is that there were other persons also who were senior to the respondents, as such, the respondents could not have been considered for regularisation over and above the persons who were engaged prior in time and further that the regularisation of the consolidated workers is subject to vacancies being available.
5. A perusal of the order impugned reveals that the learned Writ Court has
directed the appellants to regularise the respondents on Class-IV posts against the available vacancies with notional effect from the date their regularisation has become due subject to fulfilment of eligibility criteria.
6. The contentions raised by the appellants, as mentioned above, are squarely covered by the directions passed by the learned Writ Court. Interestingly,
LPA No. 115/2022
the appellants have no where urged in the appeal that the respondents lack the eligibility for regularisation. The judgment of the learned Writ Court is self explanatory, as such, we do not find any reason to show indulgence.
7. In view of the above, the present appeal is found to be misconceived and the same is accordingly dismissed along with the connected application.
(RAJNESH OSWAL) (ARUN PALLI)
JUDGE CHIEF JUSTICE
Jammu 02.02.2026 Sahil Padha Sahil Padha 2026.02.05 13:24 I attest to the accuracy and integrity of this document