Authority: High Court of Jammu & Kashmir and Ladakh, Srinagar

Order Date: 5 October 2026 (Pronounced); Reserved on 17 September 2026

Case Overview

  • Petitioners: Javed Ahmad Bhat (30), Mohammad Shafi Hajam (39), Furhan Ahmad Chachoo (35), Danish Ahmad Khan (23), Peerzada Adil Mehboob (29), Gulzar Ahmed Bhat (35), Manpreet Kour (30). All engaged on a contractual/daily‑wage basis at the IGNOU Regional Centre, Srinagar.
  • Respondents: Union of India (through HRD Ministry), Indira Gandhi National Open University (IGNOU) – including its Registrar, Director (Regional Services Division), Regional Director (Srinagar), and the Selection Committee.
  • Counsel: Petitioners represented by Mr. R. A. Bhat (Advocate). Respondents represented by Ms. Yasmeen Jan, Mr. Tahir Majid Shamsi (DSGI), and Mr. Bilal Ahmad Malla (Advocate).
  • Nature of Proceedings: Three connected writ petitions (SWP 873/2014, SWP 1548/2014, WP (C) 2870/2019) seeking regularisation as Group C/Group D employees, entitlement to benefits, and prevention of periodic service breaks every 89 days.
  • Key Allegations: Petitioners argued they were selected through a proper process, held relevant qualifications, and performed the same work as regular staff, invoking the constitutional principle of “equal pay for equal work” (Art. 39(d)). Respondents contended the engagements were purely daily‑wage, seasonal, and therefore not subject to regularisation under the 2010 Recruitment Rules.
  • Prior Judicial History:
  • 14 March 2016: J&K High Court held similar contractual staff to be deemed regular employees and entitled to full service benefits.
  • LPA No. 91/2016: IGNOU appealed; Division Bench set aside the 2016 judgment on 3 April 2024, questioning the permanence of the Regional Centre’s establishment and the applicability of regularisation.
  • Division Bench directions (Paragraph 48, 3 April 2024) directed the Board of Management of IGNOU to consider regularisation of long‑serving contractual staff and to maintain their employment pending a decision.
  • Interim Orders: Petitioners had previously obtained interim reliefs allowing continued engagement; some petitioners later left service or did not re‑join.

Final Outcome

  • The Court allowed all three writ petitions, disposing of them in accordance with the Division Bench directions dated 3 April 2024 (and reiterated on 3 May 2024).
  • Petitioners are to remain employed/engaged at IGNOU’s Regional Centre, Srinagar, and shall not be replaced by daily‑wage or agency staff until the Board of Management decides on their regularisation.
  • The Regional Director, IGNOU Srinagar, must forward each petitioner’s length of service details to the Board of Management within one month.
  • The Board of Management shall consider and issue a reasoned decision on regularisation; if the decision is adverse, petitioners retain the right to pursue appropriate legal remedies.
  • All three writ petitions are formally disposed of subject to the above directions.

Topics: Employment Regularisation; Higher Education