Court directs regular engagement after 10 years of continuous service under J&K Casual and Other Workers - Regular Engagement Rules, 2017; rejects promise of permanent appointment in lieu of land donation as unconstitutional
In a landmark judgment dated October 5, 2026, the Division Bench of the Jammu & Kashmir and Ladakh High Court, comprising Justices Sanjeev Kumar and M.A. Chowdhary, delivered a significant ruling on the entitlement of casual labourers engaged "in lieu" of land donated for public purposes.
The case arose when respondents, who had donated land for the construction of tube wells in various villages under the Department of Irrigation and Flood Control, were employed as casual workers beginning in 2014. The gift deeds executed by these labourers contained clauses promising government jobs in return for the land donations. After rendering nearly five years of casual service, the respondents petitioned for regularization of their employment, citing the stipulations in the gift deeds as the basis for permanent government appointment.
The Central Administrative Tribunal initially ruled in favor of the respondents, directing their regularization based on their more than 10 years of continuous service and the assurances in the gift deeds. However, the Union Territory of Jammu & Kashmir challenged this order in the High Court under Article 226 of the Constitution.
Upon hearing the arguments, the High Court clarified that the government has no authority to promise or grant permanent government jobs in exchange for land donations made for public purposes. The bench emphasized that permanent government employment must be governed strictly by recruitment rules, involving a fair, just, and transparent selection process consistent with Articles 14 and 16 of the Constitution of India, which guarantee equality before the law and equal opportunity in public employment.
The Court further condemned the practice of bypassing transparent recruitment procedures by engaging casual, daily-waged, ad hoc, or consolidated workers without advertisement or selection processes, labeling such practices as contrary to the rule of law and a fraud on the Constitution.
However, recognizing the respondents' continuous service exceeding 10 years, the Court held that they are entitled to consideration for regular engagement as per the Jammu and Kashmir Casual and Other Workers - Regular Engagement Rules, 2017. The High Court directed the government to immediately consider their cases for regular engagement from the date they completed 10 years of continuous service, along with all consequential benefits.
This judgment underscores the principle that promises of permanent government employment cannot be made in lieu of donations or without adherence to statutory recruitment processes, while also providing a clear pathway for casual labourers to seek regularization based on the applicable rules.
Bottom Line:
Casual labourers engaged in lieu of land donated for public purpose cannot claim permanent Government appointment on the basis of stipulation in gift deeds; however, on completion of 10 years' continuous service, they are entitled to consideration for regular engagement under the Jammu and Kashmir Casual and Other Workers - Regular Engagement Rules, 2017.
Statutory provision(s): Constitution of India Articles 14, 16; Jammu and Kashmir Casual and Other Workers - Regular Engagement Rules, 2017 (Rule 4)
UT of J&K v. Harmeet Singh, (J&K and Ladakh)(DB) : Law Finder Doc Id # 3001063
