Jammu Kashmir High Court Allows Regular Engagement of Casual Workers Who Donated Land for Tube Wells
The Jammu Kashmir and Ladakh High Court has directed the government to consider the regular engagement of casual workers who donated land for the construction of tube wells, granting them the benefit of regular engagement under the 2017 rules from the date they completed 10 years of continuous service.
A Division Bench of Justice Sanjeev Kumar and Justice MA Chowdhary modified an order of the Central Administrative Tribunal (CAT), Jammu Bench, which had directed the government to regularise the workers against available posts. The High Court held that the workers’ cases must instead be considered under the Jammu and Kashmir Casual and Other Workers–Regular Engagement Rules, 2017, subject to fulfilment of the prescribed eligibility conditions.
The order was passed on October 5, 2026, in a writ petition filed by the Union Territory of Jammu and Kashmir and three others challenging the Tribunal’s February 3, 2026, judgment in TA No. 3755/2020.
According to the court record, the workers were engaged as casual labourers in 2014 in the Irrigation and Flood Control Department after donating one kanal of land each, free of cost, for the construction of tube wells in different villages. Gift deeds executed in favour of the government contained a stipulation that they would be provided government jobs in return for the land.
The workers initially approached the High Court in 2019, seeking regularisation after serving for nearly five years. Their petition, registered as SWP No. 620/2019, was subsequently transferred to the Tribunal following the reorganisation of Jammu and Kashmir and registered as TA No. 3755/2020.
During the proceedings, the government did not dispute that the workers had donated their land or continued to serve as casual workers since 2014. It maintained that their cases were governed by the Jammu and Kashmir Casual and Other Workers–Regular Engagement Rules, 2017, issued through SRO 520 dated December 21, 2017, and could be considered for regular engagement once they fulfilled the prescribed eligibility criteria.
The Tribunal allowed the workers’ plea, holding that they had completed 10 years of service by the time their cases were considered and had acquired a right to regularisation. It directed the government to regularise them against available posts in accordance with the applicable service conditions.
However, the High Court clarified that the government could not promise permanent employment in exchange for land donated for a public purpose. It observed that permanent government appointments must be made in accordance with the applicable recruitment rules and through a selection process consistent with Articles 14 and 16 of the Constitution, which guarantee equality before the law and equality of opportunity in public employment.
The Bench observed that government departments could not appoint people as daily wagers, casual workers or ad hoc employees without a fair and transparent selection process and subsequently use regularisation policies to confer permanent employment upon them. Such a practice, it said, would amount to a fraud on the Constitution.
At the same time, the court held that the workers who had completed 10 years of continuous service were entitled to have their cases considered for regular engagement under the 2017 Rules, provided they met the prescribed requirements.
Modifying the Tribunal’s judgment, the High Court directed the government to take up the workers’ cases immediately and provide them the benefit of regular engagement under the rules with effect from the dates on which they completed 10 years of continuous service. It also ordered that they be granted all consequential benefits.
The writ petition was accordingly disposed of.
About the Author
VoM News Desk -is an online web portal in jammu Kashmir offers regional, National & global news.
Latest Posts
- 7.0 Magnitude Earthquake Strikes Tibet Weeks After Deadly Flash Floods22 Oct 2026
- Harry Brook Creates ODI History With Fastest Double Century Off 114 Balls; Sri lanka Smudges England22 Oct 2026
- Adani Total Gas Q2 Profit Rises 3% To Rs 167 Crore, Revenue Up 34%22 Oct 2026
- 6 Killed, 40 Injured As Bus Crashes Into Tree In Chhattisgarh22 Oct 2026
- Indian Among 2 Killed In Attack On Saudi Airport, 2 Others Injured22 Oct 2026
- Swedfund invests USD 35 million to accelerate climate action and resilience in India21 Oct 2026
- JKBOSE Sub-Office Doda Bars Supervisory Staff From Carrying Mobile Phones During Class 10, 11 and 12 Exams, issues Circular21 Oct 2026
- Kishtwar ACD Rejects Ex-DDC Member’s Allegations of Delay in Complaint Inquiry, Cites Non-Cooperation21 Oct 2026
- Australian Lawmaker Helen Haines Loses Both Legs After Alleged Targeted Car Attack21 Oct 2026
- Punjab CM Bhagwant Mann Fined Rs 50,000 at Delhi Airport Over Alleged Undeclared Goods21 Oct 2026