Continuous long-term service and technical qualifications entitle casual workers to statutory regularization and skilled-grade wages.

The applicant’s father provided land (Khasra No. 1524) to the Public Health Engineering (PHE) Department in the mid-1990s for the construction of a water reservoir, allegedly upon an assurance of departmental employment for a family member

The applicant was subsequently engaged as a Daily Wage/Casual Paid (CP) worker in May 2002 and has remained in continuous service for over two decades

Despite acquiring technical qualifications, including a Diploma in Plumbing and Sanitary Fitting, the applicant was denied technical grade wages and was not regularized, while similarly situated persons allegedly received substantive appointments

The respondents admitted the applicant's continuous engagement but contended that technical grade benefits apply only to permanent employees and that regularization was being considered under SRO-520 of 2017

The matter was transferred from the High Court of Jammu & Kashmir to the Central Administrative Tribunal

1. Whether the applicant is entitled to substantive appointment effective from 2002 based on the donation of land

2. Whether the applicant is entitled to regularization of service under the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010

3. Whether the applicant is entitled to skilled/technical grade wages under SRO-3 of 2013 despite his temporary status

4. Whether the respondents can legally withhold earned wages citing a lack of funds

Articles 14 and 16 of the Constitution of India, which mandate that public employment must follow statutory recruitment rules and constitutional requirements

Jammu and Kashmir Civil Services (Special Provisions) Act, 2010, which provides for the regularization of workers who have completed seven years of continuous service

The principle of "Equal Pay for Equal Work" as established in State of Punjab v. Jagjit Singh (2017) 1 SCC 148, asserting that temporary employees performing the same duties as permanent employees are entitled to similar wages

Articles 21 and 23 of the Constitution, holding that non-payment of wages for work performed is a violation of the right to life and constitutes an unfair labor practice

The Tribunal first determined that substantive appointment cannot be granted solely on the basis of land donation, as public recruitment must strictly adhere to statutory rules to satisfy constitutional mandates

Regarding regularization, the Tribunal noted the applicant’s undisputed twenty-year continuous service record and the absence of any disciplinary proceedings; it reasoned that since the J&K Civil Services (Special Provisions) Act, 2010 was upheld by the Division Bench in State of J&K v. Abdul Majid, the applicant met the criteria for regularization

On the issue of technical wages, the Tribunal rejected the respondents' argument that such benefits are exclusive to permanent staff; it held that since the applicant possessed verified technical qualifications and performed skilled labor, denying him skilled-grade wages under SRO-3 of 2013 constituted an unfair labor practice

The Tribunal dismissed the respondents' "availability of funds" defense, stating that the state is legally obligated to pay for earned labor

Directed the respondents to regularize the applicant’s services under the J&K Civil Services (Special Provisions) Act, 2010 within three months, create a supernumerary post if no clear vacancy is available, and grant notional benefits from the date of eligibility and actual monetary benefits prospectively

The Tribunal directed the release of all pending unpaid wages at the skilled-worker rate within two months

No costs were awarded