Muneef Ahmad Bhat & Ors vs State Of Jk And Ors
2021 Latest Caselaw 1111 j&K/2

                                                     S. No. 19
                                                     After Notice Matters
HIGH COURT OF JAMMU &KASHMIR AND LADAKH
            AT SRINAGAR

                                                                SWP No. 2725/2015



Muneef Ahmad Bhat & Ors.                                   .....Petitioner(s)

                         Through: Mr. A. Chesti, Advocate



      V/s

State of JK and ors.      .                                ..... Respondent(s)

                         Through: Mr. Irfan Andleeb, Dy AG.

CORAM:
   HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                      ORDER

17.09.2021

Through the medium of the instant petition the petitioners are seeking

regularization of their service against the posts of helpers in Jal Shakti Department.

Learned counsel for the petitioners has submitted that the petitioners are

presently not working against any civil posts and are only casual employees and as such the relief claimed in the petition is not cognizable by Central Administrative

Tribunal.

So far as instant case is concerned, the petitioners claim to be engaged as

casual labourers on need basis and on the strength of their continued service they

are claiming regularization of their services to sanctioned posts in Jal Shakti

Department of Government of J&K.

A dispute of a daily rated casual labourer appointed by various departments

of the State, either regarding regularization of service, or permanency in

employment, fall within the ambit of "Service Matters" as defined in section 3(q)

Administrative Tribunal Act 1985. I am supported in my aforesaid view by the

judgment of Bombay High Court in the case Marathwada Sarvashramik Sangathan

V.s State of Maharashtra (1993) 3 Mah CJ 37.

In view of the above, the relief claimed in the instant petition is cognizable

by Central Administrative Tribunal, Jammu Bench. Accordingly the petition is

transferred to aforesaid bench for further proceedings.

Parties are directed to appear before the Tribunal on 8th November 2021.

Registry to send the record of instant petition to CAT, Jammu.

(SANJAY DHAR) JUDGE SRINAGAR 17.09.2021 "Nuzhat Shafi"