Supreme Court Rebukes Jammu & Kashmir Officials Over Non-Compliance in Regularisation of Daily Wagers

The Supreme Court has sharply criticized officials in Jammu and Kashmir for failing to comply with a High Court order regarding the regularisation of daily wage workers in the rural development department. The case, which dates back to a 2007 High Court order, highlights systemic delays and alleged harassment faced by workers who have served between 14 and 19 years.

Justices Surya Kant and N Kotiswar Singh expressed dismay over the state’s inaction, describing it as a “glaring and textbook example of obstination” by officials who “consider themselves to be above and beyond the reach of law.” This stern rebuke came during a session on March 7, where the justices upheld the High Court’s imposition of a ₹25,000 cost on the union territory’s administration.

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The High Court had previously mandated on May 3, 2007, that the daily wagers’ jobs be regularised, recognizing their long-term service. However, instead of fulfilling this order, the state authorities were accused of issuing “cryptic orders” to complicate the matter further, which the Supreme Court found to be “shocking and prima facie contemptuous.”

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The issue was brought back into focus when the High Court, on December 4, 2024, denied relief to the union territory against a contempt plea by the daily wagers. The plea accused the authorities of failing to comply with the 2007 High Court directive. The counsel for the Jammu and Kashmir administration mentioned that the single judge had even ordered the arrest of the officials concerned, a move that Justice Surya Kant commended, noting, “That’s good. The single judge has rightly done so.”

While the Supreme Court refrained from imposing additional penalties, considering the ongoing contempt proceedings, it requested that the proceedings be expedited on a weekly basis. This step is intended to uphold the “majesty and sanctity of law,” as per the bench’s observation.

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The High Court had noted that the 2007 order was never challenged nor reviewed, and it mandated the regularisation of the daily wagers in parity with others who benefited under SRO 64 of 1994, a government order setting criteria for regularisation of daily wage workers.

In 2006, a group of these workers had approached the High Court seeking regularisation of their jobs, citing their extensive service and non-compliance with SRO 64. They demanded regularisation from the dates they were entitled and payment of wages.

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