Facts
The applicants, originally employed as contingent workers in various schools in District Doda, filed a writ petition (subsequently transferred to the CAT) seeking regularisation of their services in the Class IV cadre
Source reference: p. 2They sought a mandamus for regular pay scales, arrears of salary, and the preparation of service books for retiral benefits
Source reference: p. 2During the pendency of the matter, the respondents reviewed the eligibility of the applicants for regularisation
Source reference: p. 3Issues
1. Whether the applicants are entitled to regularisation of their services and consequential benefits based on their tenure as contingent employees
Source reference: p. 22. Whether applicant No. 3 meets the eligibility criteria, specifically regarding age limits, for regularisation under the applicable rules
Source reference: p. 3Law Applied
The court primarily applied the provisions of SRO 308 of 2008, which governs the regularisation of specific categories of employees in the State of Jammu and Kashmir
Source reference: p. 3It further adhered to the principle of administrative eligibility, whereby an employee must satisfy prescribed criteria, such as age and service tenure, to qualify for a change in status from contingent to regular cadre
Source reference: p. 3-4Reasoning
The Tribunal examined the compliance report filed by the respondents. Regarding applicants Nos. 1 and 2, the court noted that the School Education Department had already issued regularisation orders following a favorable report from the Zonal Education Officer (ZEO) Doda dated 28.04.2026, as they were found eligible under SRO 308
Source reference: p. 3In the case of applicant No. 3, the court accepted the respondents' contention that she was ineligible because she exceeded the maximum age limit prescribed by the rules
Source reference: p. 3The court concluded that since the primary reliefs for two applicants were fulfilled and the third was legally barred by eligibility criteria, no further judicial intervention was warranted in the current application
Source reference: p. 4Holding
The Tribunal held that the application had been rendered infructuous concerning applicants Nos. 1 and 2 as their services were regularised
Regarding applicant No. 3, the Tribunal declined relief due to her "overage" status but granted her liberty to seek alternative legal remedies if advised. The Transfer Application was disposed of accordingly
Source reference: p. 4Original Court PDF
HAFIZA BEGUMvsSCHOOL EDUCATION DEPARTMENT
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