JAMMU, Feb 16: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Atul Sreedharan and Justice Moksha Khajuria Kazmi has held that services of the casual workers can be continued only on need basis subject to the funds provided by the Government and they have no right of regularization.
The DB was dealing with the appeals filed against the judgment of the writ court, which while refusing regularization, had directed the respondents to ensure that the legitimately earned wages for the period for which the appellants have actually worked should be released in favour of the appellants.
The case of the petitioners was that in the year 2014 Government Order No.585-HME of 2014 dated 17.10.2014 was issued whereby a number of sub centres in the Health Department were upgraded/created and at the same time a number of posts were created in the department. The Government order also provided for hiring of 1284 casual workers to work as Nursing Orderlies for the newly upgraded/opened health institutions on the notified minimum wages.
The petitioners came to be engaged as casual workers in the department in the year 2014/2015 vide various engagement orders issued by respondent—Chief Medical Officer, Ganderbal. Pursuant to the engagement orders, they performed the duties assigned to them in a sincere manner. According to the petitioners, it was the constitutional obligation of the respondents to regularize their services as they have been continuously working as casual workers.
The DB, while upholding the judgment of writ court, said, “we do not find any merit in appeals filed by the appellants as such, they are dismissed. However, the respondents are directed to ensure that the legitimately earned wages of the appellants for the period for which they have actually worked, including the period for which they have worked on the basis of interim orders passed by this court or otherwise be released in their favour within four weeks from today”.
