Binder vs Union Territory Of Jammu & on 30 July, 2025

Jammu & Kashmir High Court

Binder vs Union Territory Of Jammu & on 30 July, 2025

                                                                       2025:JKLHC-JMU:2005
                                                                      Sr.No.93


      HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
                       AT JAMMU
                                               WP(C ) No. 2047/2025
                                               CM No.4654/2025

Binder, Age 36 years                                          ....Petitioner
W/O Sham
R/O H. No.64, Valmiki Colony,
Gandhi Nagar, Jammu.
                Through :- Mr. Jagpaul Singh, Advocate.

                         V/s
1.    Union Territory of Jammu &
      Kashmir through
      Commissioner-cum-Secretary
      to the Government, Housing
      and Urban Development
      Department, Civil Secretariat,
      Jammu.

2.    Jammu Municipal Corporation
      through its Chairman, Town
      Hall, Jammu.

3.    Commissioner, Jammu
      Municipal Corporation, Town
      Hall, Jammu.

4.    Joint Commissioner (A),
      Jammu Municipal Corporation,
      Town Hall, Jammu.

5.    Director Health Services,
      Jammu.

6.    Chief Medical Officer, Jammu.


        Through :-

CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE
                                   ORDER

30.07.2025

01. The petitioner, claiming to have been engaged as Safai Karamchari

(sanitation worker) with the Jammu Municipal Corporation (JMC) in
2 WP(C ) No.2047/2025

the year 2013 on casual basis, has approached this Court through the
2025:JKLHC-JMU:2005

medium of instant petition seeking issuance of a writ in the nature of

mandamus, commanding respondent No.3, to communicate with

respondent No.5, for the constitution of a Medical Board to determine

the age/date of birth of the petitioner; and further command the official

respondents to regularize the service of the petitioner, in terms of JMC

Order No.54 of 2023 dated 17.01.2023, upon determination of her date

of birth and verification of other requisite documents

02. The grievance of the petitioner is that vide JMC Order No.54 of 2023

darted 17.01.2023 sanction was accorded for the regularization of 535

sanitation workers subject to verification of original

documents/antecedents by the competent wherein the name of the

petitioner figures at serial No.224 of the said list, however, the

petitioner’s services were withheld on the sole ground that no official

record of her date of birth exists. The petitioner submits that in the past,

in terms of JMC Order No. 164 of 2010 dated 05.06.2010, similar cases

were dealt with by directing respondent No.5 to constitute a Medical

Board for determination of age, particularly in cases of illiterate

employees who lacked educational or any other documentary proof of

their date of birth. In the instant case, the petitioner has already made

representation to respondent No.3, but as on date, no Medical Board

has been constituted, leading to inaction and continued denial of

regularization benefits to the petitioner.

03. Heard learned counsel for the petitioner and perused the material on

record.

3 WP(C ) No.2047/2025

04. Regulation 35-AA(a)(iv) of the Jammu & Kashmir Civil Service
2025:JKLHC-JMU:2005

Regulations clearly stipulates that for illiterate employees without valid

proof of age, a Medical Board comprising the Chief Medical Officer,

Radiologist, and Dental Surgeon of the concerned District shall

ascertain the age. This Regulation applies squarely to the case of the

petitioner. The prayer made by the petitioner is limited and reasonable,

as it only seeks the implementation of an existing administrative

process. Denying this request would result in unfair discrimination,

especially when other similarly placed employees have already been

given the benefit of regularization. Such denial, violates the right to

equality and non-discrimination, guaranteed under Articles 14 and 16

of the Constitution of India. The Supreme Court in Randhir Singh v.

Union of India & Ors. (1982) 1 SCC 618 has held that equal pay for

equal work and equal treatment among similarly situated employees is

a fundamental right under Article 14 of the Constitution.

05. In view of the above, the petition is disposed of at the threshold,

without issuing notice to the respondents, keeping in view the

innocuous nature of the relief sought, with the following directions:

1. Respondent No.5 is directed to constitute a Medical Board
within a period of four weeks from the date of receipt of a
certified copy of this order, in terms of Regulation 35-AA(a)(iv)
of the Jammu and Kashmir Civil Services Regulations, for the
purpose of determining the age of the petitioner.

2. Respondent No.3 shall ensure that all necessary formalities
are completed within one week to enable respondent No.5 to act
accordingly.

3. Upon receipt of the Medical Board’s report, the
respondent No.3 shall take appropriate steps for the
4 WP(C ) No.2047/2025

regularization of the services of the petitioner, in accordance2025:JKLHC-JMU:2005
with
JMC Order No. 54 of 2023 dated 17.01.2023 and other
applicable orders, within a further period of four weeks.

06. It is, however, made clear that nothing in this order shall preclude the

respondent No.3 from carrying out verification of the petitioner’s

documents and antecedents, in accordance with law.

07. Disposed of, accordingly, alongwith connected application(s).

(M A CHOWDHARY)
JUDGE

Jammu
30.07.2025
Narinder

Whether approved for judgment: Yes/No