The Jammu and Kashmir and Ladakh High Court, sitting at Jammu, on Thursday dismissed a petition filed by the Union Territory administration, bringing long-awaited relief to a daily-rated worker who has been in service since the late 1980s. The case had the feel of an old dispute finally reaching its logical end, with the court clearly unimpressed by repeated administrative delays and excuses.
Background
Som Raj, the respondent, was first engaged as a daily-wage Baildar in July 1989. After an accident that cost him an eye, he was disengaged, only to be re-engaged on October 8, 1991. Over the years, he continued working without break.
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Back in 2002, he had approached the High Court seeking regularisation under SRO 64 of 1994, which allows daily wagers to be regularised after seven years of continuous service. Though the court then directed the department to examine his case, nothing moved on the ground. Matters worsened in 2018 when his wages were stopped altogether. Left with little option, Som Raj again approached the court in 2019, a case later transferred to the Central Administrative Tribunal, Jammu.
Court’s Observations
A Division Bench led by Chief Justice Arun Palli and Justice Rajnesh Oswal took a dim view of the government’s stand. The UT argued that Som Raj had never gone through a formal selection process and was not appointed against a sanctioned post. The bench was blunt in response.
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“The record clearly shows that work was taken from the respondent for over three decades,” the court observed, adding that such a defence, raised after 34 years, was “lame” and unacceptable.
The judges noted that SRO 64 of 1994 itself provides a mechanism for creation of posts for regularisation. Referring to recent Supreme Court rulings, the bench remarked that governments cannot hide behind technicalities to justify long-term exploitation of daily wagers. The court also rejected the plea that missing muster rolls could be used to deny wages, pointing out that the department’s own records showed continuous service.
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Decision
Upholding the Tribunal’s March 2025 order, the High Court dismissed the UT’s petition. It confirmed Som Raj’s regularisation with effect from October 8, 1998-the date he completed seven years of service-and directed the authorities to release all pending wages from May 2018. The court concluded that there was no illegality in the Tribunal’s decision and found no reason to interfere.
Case Title: UT of Jammu & Kashmir and Others vs. Som Raj
Case No.: WP(C) No. 3402/2025
Case Type: Writ Petition (Service matter – Regularisation of Daily Wager)
Decision Date: 11 December 2025
