Jammu February-15-2024- A Division Bench of Jammu & kashmir and Ladakh High Court Comprising Justice Atul Sreedharan and Justice Moksha Khajuria Kazmi holds that services of the Casual workers can be continued only on need basis subject to the funds provided by the Government. Moreover, the appellants herein had only worked for one and a half year, as such, they have no right of regularization. The Government has rightly disengaged /cancelled the engagement of the appellants. The writ Court has rightly directed the respondents to ensure that the legitimately earned wages for the period for which the appellants herein have actually worked, either on the basis of interim orders passed by this Court or otherwise, are to be released in favour of the appellants till date.
The case of the petitioners is 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. It is contended by the petitioners that pursuant to the engagement orders, they performed the duties assigned to them in a sincere manner. According to the petitioners, it is the constitutional obligation of the respondents to regularize their services as they have been continuously working as casual workers.
DB while upholding the judgment of Writ Court, do not find any merit in appeals filed by the appellants herein, as such, are dismissed. However, the respondents are directed to ensure that the legitimately earned wages of the appellants herein 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. JNF