The Srinagar wing of the Jammu & Kashmir and Ladakh High Court on Thursday dismissed a writ petition filed by a need-based worker seeking wages at skilled-labour rates. The single-judge bench of Justice Sanjay Dhar delivered the judgment in a packed courtroom, briefly addressing lawyers before reading out key portions of the order. The matter had attracted attention within government departments, especially contractual employees who often juggle multiple duties beyond their appointment letters.
Background
The petitioner, Umer Mukhtar Mir, was engaged as an Orderly in the Forest Department’s CAMPA unit back in 2013. Over time, he claims he began functioning as a computer operator and therefore deserved minimum wages applicable to skilled workers under the government's 2022 wage notification. His earlier plea had already resulted in a direction to the department to reconsider his representation, but that exercise ultimately led to rejection.
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Mir argued that despite performing duties similar to other ministerial staff, he continued receiving wages meant for unskilled labourers. His counsel submitted that the State cannot treat similarly placed workers differently, pointing to other computer operators who were paid higher wages.
The Union Territory administration disagreed, asserting that the petitioner had voluntarily applied for the post of Orderly, not Computer Operator, and therefore had no legal basis to demand wages meant for skilled positions.
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Court’s Observations
Justice Dhar examined the 2013 engagement order closely, noting that it clearly reflected Mir’s appointment as an Orderly - regardless of his computer knowledge or subsequent work assignments. The judge pointed out that several other candidates had been formally selected as computer operators, unlike the petitioner.
“The bench observed, ‘Merely being computer knowing does not entitle a worker to wages under the skilled category.’”
In another sharp remark, the court stressed that entitlement to wages flows from the post itself, not from additional skills or tasks performed by choice or departmental convenience. “An employee cannot claim wages attached to a higher post simply because he is qualified to hold it,” Justice Dhar noted, adding that otherwise contractual recruitment processes would lose meaning.
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The court also found no illegality or arbitrariness in the department’s decision to reject Mir’s representation after the earlier court direction.
Decision
Concluding there was “no merit” in the plea, the court dismissed the writ petition and vacated all interim directions, effectively closing the door on Mir’s demand for skilled-labour wages.
Case Title: Umer Mukhtar Mir vs. UT of Jammu & Kashmir & Another
Case No.: WP(C) No. 2176/2023
Case Type: Writ Petition (Civil)
Decision Date: 14 November 2025