Petition rendered infructuous as petitioner regularized; retiral benefits to be processed expeditiously.

The petitioner, Bashir Ahmad Bhat, was initially engaged as a Dak Runner on a daily wage basis for three months starting May 21, 1985, by respondent No. 4.

He continued working in this capacity, and in 2010, his name was included in a list of staff members proposed for regularization by respondent No. 4, following communication from the Administrative Department regarding absorption of DRDA borne employees.

Meanwhile, junior employees, including Ali Mohammad Dar (respondent No. 5), were regularized and promoted to Junior Assistant in 2009.

The petitioner challenged his non-regularization through SWP No. 2226/2011 before the Hon'ble High Court of J&K, seeking regularization under SRO 64 of 1994 and consequential benefits, including promotion and seniority equivalent to his juniors.

This petition was disposed of on June 9, 2015, with a direction to the respondents to consider his representation.

However, the respondents rejected his claim via Order No. 10 of 2015 dated July 28, 2015.

The petitioner subsequently filed the present writ petition (originally SWP No. 1904/2015) in 2015, challenging this rejection order.

The respondents contended that the writ petition was not maintainable as SRO 64 was inapplicable to DRDA employees, as DRDA was a registered society governed by its own guidelines.

Counsel for the petitioner submitted that the petitioner had since been regularized as an 'Orderly' and was due to superannuate on March 31, 2026, as evidenced by a notification dated January 3, 2026, issued under Article 285-(a)(1) of the J&K Civil Services Rules, 1956.

1. Whether the impugned consideration order No. 10 of 2015, rejecting the petitioner's claim for regularization and promotion, should be quashed?

2. Whether the official respondents should be commanded to regularize the petitioner's services retrospectively and grant him promotion and consequential benefits, similar to his juniors?

3. Whether, in light of the petitioner's subsequent regularization and impending superannuation, the writ petition has become infructuous, and the court should direct the release of his retiral benefits?

The court considered the applicability of SRO 64 of 1994 for regularization of daily wagers.

The guidelines and bye-laws governing the District Rural Development Agency (DRDA) as a registered society were also considered.

The proceedings were before the Central Administrative Tribunal, which exercises jurisdiction over service matters.

The court also implicitly relied on the general principles of service law regarding regularization, promotion, seniority, and retiral benefits, particularly acknowledging the petitioner’s status as an 'Orderly' under the J&K Civil Services Rules, 1956, Article 285-(a)(1).

The court noted that the petitioner initially sought regularization and parity with his juniors.

However, during the pendency of the petition, the factual matrix changed significantly as the petitioner was regularized as an 'Orderly' and was scheduled to superannuate on March 31, 2026.

This subsequent development rendered the primary relief sought regarding regularization and promotion infructuous, as the petitioner had already attained a regularized status.

While the initial prayers focused on quashing the rejection order and compelling retrospective regularization and promotion, the court's attention shifted to the implication of the petitioner's impending retirement.

The counsel for the petitioner requested the disposal of the writ petition in light of the impending retirement.

Consequently, the court recognized that the substantive issues of regularization and promotion, as originally pleaded, had been overtaken by events.

The court, therefore, addressed the need to ensure the release of retiral benefits.

Accordingly, at the request of the petitioner's counsel, the T.A. No. 377/2021 was disposed of, along with all connected M.A.s, by directing the respondents to consider the petitioner's case for the release of his retiral benefits in accordance with his entitlement and governing rules, with the process to be initiated with due dispatch given his impending superannuation.