Srinagar, October 9: The Jammu and Kashmir and Ladakh High Court has ruled that government jobs cannot be promised in exchange for land donated for public projects, while clarifying that eligible casual and daily-rated workers who have completed 10 years of continuous service may be considered for regular engagement under applicable rules.
A Division Bench comprising Justices Sanjeev Kumar and M.A. Chowdhary passed the ruling while deciding a petition filed by the Jammu and Kashmir Government and three others challenging an order issued by the Jammu Bench of the Central Administrative Tribunal on February 3.
The case arose from a dispute involving landowners who donated one kanal of land each in 2014 for the construction of tubewells. According to the case, the gift deeds included provisions for government employment in return for the land. However, the landowners were engaged as casual workers in the Irrigation and Flood Control Department instead of receiving permanent appointments.
The workers approached the tribunal in 2019, seeking regularisation of their services. The tribunal subsequently directed their regularisation against available posts, prompting the government to challenge the decision before the High Court.
While examining the matter, the High Court held that permanent government appointments must comply with established recruitment rules and follow a fair and transparent selection process.
The Bench referred to Articles 14 and 16 of the Constitution, which guarantee equality before the law and equality of opportunity in public employment. It observed that the government lacked the authority to promise permanent jobs in exchange for donated land.
The court cautioned that such arrangements would effectively place government employment up for sale. It also expressed disapproval of the practice of engaging workers without following a proper selection process and subsequently regularising their services through policy decisions.
However, the Bench distinguished between a claim to permanent employment based on land donation and the right to be considered for regular engagement under the Jammu and Kashmir rules notified in 2017.
It held that workers who had completed 10 years of continuous service as casual or daily-rated employees could be considered for regular engagement, subject to fulfilment of the prescribed conditions under the applicable rules.
Modifying the operative directions issued by the tribunal, the High Court directed the authorities to take up eligible cases immediately. The benefits of regular engagement and related entitlements are to be determined in accordance with the governing rules.
The ruling reiterates that public employment must be governed by constitutional safeguards and established recruitment procedures, while recognising the separate eligibility of long-serving casual workers for consideration under the applicable regularisation framework.
