Srinagar, August 30: The Jammu and Kashmir and Ladakh High Court has denied benefits under SRO 520 to several daily wage workers employed in the Power Development Department (PDD).
A total of 179 daily wage workers had appealed to the court, claiming their names were removed from a list of 472 PDL/TDL prepared for regularization under the 2017 SRO-520. The petitioners argued that they were hired as daily rated workers between 2012 and 2015, prior to the imposition of a hiring freeze on new daily wagers on March 17, 2015.
According to officials, while their names were included in some previous departmental lists, they were subsequently removed from the list prepared for regularization under SRO-520.
The division bench, comprising Acting Chief Justice Sanjeev Kumar and Justice Mohammad Yousuf Wani, dismissed their petition on Saturday. The bench stated that the petitioners failed to prove they were employed before the hiring freeze, and thus, being included in a provisional list does not grant them the right to regularization unless they can demonstrate employment before the cutoff date.
In a decision uploaded on Sunday, the court noted, “The respondents indicated that upon investigation, it was found that those included in the final list were employed before the hiring freeze on new daily wage workers on March 17, 2015. We find no merit in the argument that the petitioners’ claims were under consideration, hence the respondents could not prepare subsequent lists or potential seniority lists. The petitioners’ rights clearly depend on their ability to prove they were employed before March 17, 2015.”
The court emphasized that unless they prove their employment prior to the ban, they have no right to be considered for inclusion in the list or for regularization. The entire claim of the appellants hinges on their assertion of being hired before March 17, 2015.
This claim was not substantiated by any evidence. Conversely, Additional Advocate General Shahbaz Sikandar stated that the inquiry committee concluded against the daily wage workers after reviewing the relevant departmental records. This conclusion was neither erroneous nor arbitrary.
The court remarked, “Under these circumstances, no mandamus order could be issued in favor of the appellants. We believe the writ court considered the matter correctly and did not commit any legal or factual error that would necessitate our intervention in these intra-court appeals. For these reasons, we find no merit in these appeals, and they are dismissed.”
The court further acknowledged that muster rolls and other departmental records are generally maintained by the department and may not be readily available to employees. However, it reiterated that this does not eliminate the need to prove that the appellants were employed before the cutoff date.
The ruling stated, “Once the respondents specifically questioned the appellants’ claims of being employed before March 17, 2015, it became the responsibility of the appellants to present credible evidence in support of their claims before the court. No such evidence has been presented on record.”
The government had imposed a hiring freeze on daily wage workers through its order number 43-F on March 17, 2015. Consequently, anyone claiming benefits under the regularization policy must first prove they were employed before this cutoff date.
–
Leave a Comment