The Jammu and Kashmir and Ladakh High Court has ruled that government authorities cannot promise permanent employment in exchange for land donated for public projects without following constitutional recruitment procedures. The Division Bench of Justice Sanjeev Kumar and Justice M A Chowdhary clarified that eligible casual workers who complete 10 years of continuous service may receive regular engagement under the applicable rules.
Background
The case arose after several individuals donated one kanal of land each for the construction of tube wells and were engaged as casual labourers in 2014. Their gift deeds reportedly contained assurances of government employment. After working for several years, they sought regularisation.
The Central Administrative Tribunal, Jammu Bench, allowed their claim on February 3, 2026, directing regularisation against available posts. The Union Territory challenged that decision before the High Court.
The High Court held that permanent government appointments must follow prescribed recruitment rules and a fair selection process. Referring to Articles 14 and 16 of the Constitution, which guarantee equality before the law and equal opportunity in public employment, the Bench observed:
“The permanent job in the Government department would be in accordance with the recruitment rules in vogue and pursuant to a selection process, which is in consonance with Article 14 and 16 of the Constitution of India.”
The Court also criticised the practice of engaging selected individuals without transparent recruitment and subsequently regularising their services.
“The Government or its officers are not empowered to pick up the people of its own choice from the open market, engage them by giving the nomenclature of ‘daily wagers’, ‘casual workers’, ‘ad hoc’ appointees or consolidated workers and then come up with the policy of regularisation to confer the benefit of permanent employment on them.”
However, the Bench distinguished this principle from the respondents’ entitlement under the Jammu and Kashmir Casual and Other Workers - Regular Engagement Rules, 2017.
The High Court modified the Tribunal’s order, holding that the respondents were entitled to consideration for regular engagement under the 2017 Rules after completing 10 years of continuous service, subject to fulfilling the prescribed requirements. Their cases must be considered with effect from the dates they completed 10 years of service, along with consequential benefits.
Case Details
Case Title: UT of J&K & Ors. v. Harmeet Singh & Ors.
Case Number: WP(C) No. 3156/2026
Judges: Justice Sanjeev Kumar and Justice M A Chowdhary
Decision Date: October 5, 2026
