Srinagar: In a significant decision, the High Court of Jammu and Kashmir and Ladakh has declared that casual workers employed under Government Order No.585-HME of 2014 have no inherent right to regularisation. The ruling came as a result of appeals filed against a previous writ court decision, which denied regularisation, but mandated the release of legitimately earned wages for the period worked by the appellants.
The division bench, comprising Justice Atul Sreedharan and Justice Moksha Khajuria Kazmi, delivered its judgment on Friday, addressing the plea of 1,284 casual workers hired as Nursing Orderlies in newly established sub-centres within the Health Department.
The case revolved around Government Order No.585-HME of 2014, which facilitated the creation and upgrading of sub-centres in the Health Department, leading to the employment of a substantial number of casual workers. Despite their sincere and continuous performance of duties, the petitioners' request for regularisation was rejected.
The Division Bench, in its ruling, affirmed the decision of the writ court, thereby dismissing the appeals for regularisation. However, the court directed the authorities concerned to release the legitimately earned wages of the casual workers within a timeframe of four weeks.
The judgment emphasised that the services of the casual workers can only continue on a need basis, with funding provided by the government. This implies that the employment status of these workers will be contingent on the specific requirements of the government, and regularisation is not an automatic entitlement based on continuous service.
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