Mandamus to Consider Regularization Claims of Long-Term Daily Rated Workers as a Formal Representation

The petitioners (98 individuals) were engaged as daily rated workers in the Agriculture Production Department of Jammu and Kashmir and have been serving for approximately fifteen years

They approached the Hon’ble High Court of J&K seeking a writ of mandamus to compel the respondents to regularize their services or convert them into "Helpers" and to ensure the regular release of earned wages

The case was subsequently transferred to the Central Administrative Tribunal (CAT) via an order dated 07-04-2026

During the proceedings, the petitioners restricted their prayer to a direction for the respondents to treat the petition as a formal representation for administrative consideration

1. Whether the respondents can be directed to consider the claims of the daily rated workers for regularization and release of wages in a time-bound manner

the principle of administrative exhaustion and the issuance of a writ of mandamus for the consideration of representations.

It focused on the obligation of the state to act in accordance with law when faced with claims regarding service regularization and the payment of earned wages

The court also maintained the principle of judicial restraint by refusing to express an opinion on the merits of the case while the matter is under administrative review

Given the limited and "innocuous" nature of the prayer sought by the petitioners' counsel, the Tribunal did not delve into the merits of the petitioners' decade-long service or the legality of their non-regularization

the Tribunal bridged the gap between the facts (long-term daily wage service) and the legal requirement for a speaking order by directing the respondents to treat the Transfer Application (TA) as a formal representation

The court reasoned that an expeditious disposal by the executive, through a reasoned "speaking order," was the appropriate procedural remedy at this stage to address the averments regarding regularization and salary

The court explicitly clarified that it expressed no opinion on the merits of the petitioners' claims. All connected Miscellaneous Applications (M.As) were also disposed of