SRINAGAR: A Division Bench of the Jammu and Kashmir and Ladakh High Court, consisting of Justice Atul Sreedharan and Justice Moksha Khajuria Kazmi, has ruled that the services of casual workers can only continue on a need basis, subject to the availability of funds provided by the Government, and they have no right to regularization, Daily Excelsior reported.
The Division Bench was reviewing appeals against the decision of the writ court, which, while denying regularisation, had instructed the respondents to ensure that the wages earned by the appellants for the period of their actual work should be paid to them.
The petitioners argued that in 2014, Government Order No.585-HME of 2014 dated 17.10.2014 was issued, which upgraded/created several sub-centres in the Health Department and created numerous posts in the department. The Government order also allowed for the hiring of 1284 casual workers to serve as Nursing Orderlies for the newly upgraded/opened health institutions at minimum wages.
The petitioners were engaged as casual workers in the department in 2014/2015 through various engagement orders issued by the Chief Medical Officer, Ganderbal. They faithfully performed their assigned duties. The petitioners contended that it was the constitutional duty of the respondents to regularize their services as they had been continuously working as casual workers.
The Division Bench, affirming the judgment of the writ court, stated, “We do not find any merit in the appeals filed by the appellants. Therefore, they are dismissed. However, the respondents are directed to ensure that the wages earned by the appellants for the period of their actual work, including the period during which they worked based on interim orders passed by this court or otherwise, are released to them within four weeks from today.”
