Daniel And Others vs Ut Of Jammu And Kashmir And Ors
2025 Latest Caselaw 221 J&K

Jammu & Kashmir High Court

Daniel And Others vs Ut Of Jammu And Kashmir And Ors on 5 June, 2025

Author: Moksha Khajuria Kazmi

Bench: Moksha Khajuria Kazmi

      HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
                       AT JAMMU

                                               WP(C ) No. 1486/2025

Daniel and others                                                   ....applicant

                Through :- Mr. Gagan Basotra Sr. AAG with
                           Ms Navdeep Kour Advocate.


V/s

UT of Jammu and Kashmir and ors

        Through :-           Mr. Rajnish Raina Advocate.

CORAM:
HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

                              ORDER(ORAL)

05.06.2025

1 The petitioners, engaged as Safai Karamcharis (sanitation

workers) with the Jammu Municipal Corporation (JMC) since 2014 on a

casual basis, have approached this Court through the medium of instant

petition seeking issuance of a writ in the nature of mandamus. The prayer is

twofold:

(i) to command respondent No.3 to communicate with respondent No.5 for constituting a Medical Board to determine the age/date of birth of the petitioners, and

(ii) to direct the official respondents to regularize their services in terms of JMC Order No. 54 of 2023 dated 17.01.2023 and order dated 11.02.2023, upon determination of their date of birth and verification of other requisite documents.

2 The grievance of the petitioners is that although similarly

situated workers among the 585 sanitation workers were regularized, the

petitioners' services were withheld on the sole ground that no official record

of their date of birth exists. The petitioners submit that in the past, in terms of

JMC Order No. 164 of 2010 dated 05.06.2010, similar cases were dealt with

by directing respondent No.5 to constitute a Medical Board for determination

of age, particularly in cases of illiterate employees who lacked educational or

documentary proof of their date of birth. In the instant case, the petitioners

have already made representation to respondent No.3, who in turn has

forwarded the matter to respondent No.5, but as of date, no Medical Board

has been constituted, leading to inaction and continued denial of

regularization benefits to the petitioners.

3 Heard learned counsel for the petitioners and perused the

material on record.

4 Regulation 35-AA(a)(iv) of the Jammu & Kashmir Civil Service

Regulations clearly stipulates that for illiterate employees without valid proof

of age, a Medical Board comprising the Chief Medical Officer, Radiologist,

and Dental Surgeon of the concerned District shall ascertain the age. This

regulation applies squarely to the case of the petitioners. The prayer made by

the petitioners is limited and reasonable, as it only seeks the implementation

of an existing administrative process. Denying this request would result in

unfair discrimination, especially when other similarly placed employees have

already been given the benefit of regularization. Such denial violates the right

to equality and non-discrimination guaranteed under Articles 14 and 16 of the

Constitution of India.

5 The Supreme Court in Randhir Singh v. Union of India & Ors.

(1982) 1 SCC 618 has held that equal pay for equal work and equal treatment

among similarly situated employees is a fundamental right under Article 14 of

the Constitution.

6 In view of the above, the petition is disposed of at the threshold

without issuing notice to the respondents, keeping in view the innocuous

nature of the relief sought, with the following directions:

1. Respondent No.5 is directed to constitute a Medical Board within a period of four weeks from the date of receipt of a certified copy of this order, in terms of Regulation 35-AA(a)(iv) of the Jammu and Kashmir Civil Services Regulations, for the purpose of determining the age of the petitioners.

2. Respondent No.3 shall ensure that all necessary formalities are completed within one week to enable respondent No.5 to act accordingly.

3. Upon receipt of the Medical Board's report, the respondent No.3 shall take appropriate steps for the regularization of the services of the petitioners, in accordance with JMC Order No. 54 of 2023 dated 17.01.2023 and other applicable orders, within a further period of four weeks.

4. It is, however, made clear that nothing in this order shall preclude the respondent No.3 from carrying out verification of the petitioners' documents and antecedents, in accordance with law.

(MOKSHA KHAJURIA KAZMI) JUDGE

Jammu 04.06.2025 Sanjeev

Whether approved for judgment: Yes/No