The High Court of Jammu & Kashmir and Ladakh at Srinagar has rejected a plea seeking regularisation of service and redeployment to another government department by a worker engaged on a consolidated basis in the now-defunct Jammu and Kashmir Cements Limited (JKCL). However, the Court directed the authorities to release any outstanding wages due to him within three months.
Background of the Case
Petitioner Shahid Mehraj approached the High Court seeking service benefits similar to those allegedly granted to other employees. He also sought regularisation of his service, deployment to another government department after the closure of JKCL, and payment of pending wages.
According to the petition, Mehraj's father had worked as a Machinery Attendant with JKCL for around 26 years. After retiring in March 2014, he was diagnosed with Stage-IV lung cancer and passed away shortly thereafter. The petitioner was later engaged by JKCL on a consolidated remuneration basis.
The petitioner argued that while hundreds of JKCL employees were shifted to various government departments following the company's closure, he and certain others were left out despite making representations to the authorities.
Justice Sanjay Dhar noted that it was undisputed that the petitioner had been engaged on a consolidated remuneration and that his services were never regularised. The Court also observed that after JKCL was wound up, several employees were redeployed, but workers engaged on consolidated or daily-rated basis were not included in that exercise.
Addressing the claim for compassionate appointment, the Court held that the petitioner's father had passed away after retirement and not while in service.
The Court observed,
“It is a settled legal position that it is only if an employee dies while in service that his legal heirs are eligible to be considered for compassionate appointment.”
The judge further held that even if the petitioner had been engaged out of compassion following his father's death, such engagement did not create a legal right to seek regular appointment or benefits equivalent to a compassionate appointee.
On the issue of redeployment, the Court found that the government order governing deployment of JKCL employees applied only to those holding substantive posts in regular pay scales.
The Court observed that employees engaged on daily-rated or consolidated basis could not claim parity with regular employees who had been shifted to other departments.
Disposing of the petition, the High Court declined the petitioner's requests for regularisation, grant of regular pay scale, and deployment to another government department or organisation.
However, the Court directed the respondents to clear any outstanding wages payable to the petitioner for the period during which he had actually worked with JKCL within three months.
The Court further ordered that if the dues are not paid within the stipulated period, the amount would carry interest at the rate of 6% per annum from the date of filing of the petition until its realization.
Case Details
Case Title: Shahid Mehraj v. UT of J&K and Others
Case Number: WP(C) No. 2842/2022
Judge: Justice Sanjay Dhar
Decision Date: 05 June 2026
