Jammu, May 27: In SWP No. 1186/2018 IA No. 1/2018 titled Sandeep Raina & Ors. Vs State of J&K & Ors. after hearing HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDERED as under:-
01. Heard in part Mr. P.N. Raina, learned Senior Advocate assisted by Mr. J.A. Hamal, learned Advocate, for the petitioners.
02. The six petitioners, who in the prime of their youth came to be engaged as Data Entry Operators in Jammu & Kashmir Building and Other Construction Workers Welfare Board (JKBOCWWB) way back in 2012 and have been working as such till date without any break in service/engagement, were led to petition this Court finding their present and future, in terms of their engagements, being in wilderness, as instead of according them regularization in their respective services, they are being continued by purported reference to status as outsourced Data Entry Operators on job despite the fact that at all relevant points of time the concerned officials of the respondent No. 2-Jammu & Kashmir Building and Other Construction Workers Welfare Board (JKBOCWWB) came up with the recommendations for regularization of Data Entry Operators and also other manpower engaged on minimum wage basis, and to this effect, there have been repeated references from the Jammu & Kashmir Building and Other Construction Workers Welfare Board (JKBOCWWB) itself, in terms of its meetings held at different points of time, not only acknowledging the role being played by Data Entry Operators and other manpower in the day-to-day running of the Jammu & Kashmir Building and Other Construction Workers Welfare Board (JKBOCWWB), but also making it a successful organization.
03. The petitioners, exhausted and exasperated of only recommendations being made but without any return effect coming to take the recommendations to the logical end, came forward with this writ petition instituted on 04.06.2018.
04. At the time of institution of the writ petition, the petitioners had six years of engagement at their credit 3 SWP No. 1186/2018 and from the date of institution of the writ petition they have added more than six years to their engagements and still waiting for the justice to be done to their cause through the adjudication of this writ petition.
05. Going by the tone and tenor of the recommendations from none else than the Jammu & Kashmir Building and Other Construction Workers Welfare Board (JKBOCWWB) itself, and also the fact that even the Government of the then State of Jammu and Kashmir, at its level by virtue of Government Orders, had intended an exercise to examine the absorption/regularization of the staff already engaged by the Jammu & Kashmir Building and Other Construction Workers Welfare Board (JKBOCWWB), be it directly or through outsourcing basis, through the medium of this writ petition, the petitioners are, thus, seeking not only to salvage their engagements but also to earn its confirmation through regularization, upon getting prejudicially confronted with a situation in terms of an advertisement issued by the Jammu & Kashmir Building and Other Construction Workers Welfare Board (JKBOCWWB) for appointment of Data Entry Operators, without first undertaking an exercise to absorb and regularize the already working Data Entry Operators who being the petitioners.
06. On behalf of the respondents No. 2 to 4, the Chief Executive Officer/Secretary of Jammu & Kashmir Building and Other Construction Workers Welfare Board (JKBOCWWB) came forward with the reply to the writ petition acting through their counsel Mr. Ayjaz Lone, who then was Government Advocate.
07. This Court is constrained to direct the personal appearance of the Chief Executive Officer/Secretary of Jammu & Kashmir Building and Other Construction Workers Welfare Board (JKBOCWWB) and accordingly, learned Registrar Judicial, Jammu to issue notice to the Chief Executive Officer/Secretary of Jammu & Kashmir Building and Other Construction Workers Welfare Board (JKBOCWWB) for personal appearance on the next date of hearing.
08. List on 04.06.2026 with liberty to mention.
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