"Present Case Is A Glaring And Textbook Example Of Obstination": Supreme Court Slams J&K Officials For Defying High Court Order On Daily Wagers’ Regularisation

The Supreme Court has strongly criticized the Union Territory officials for displaying "textbook obstinacy" and failing to comply with a 2007 High Court's order for over 16 years, causing undue harassment to daily wage workers.

The Court dismissed the Special Leave Petition (SLP) filed by the Union Territory of Jammu and Kashmir, upholding the symbolic costs imposed by the High Court’s Division Bench.

The Bench of Justice Surya Kant and Justice N.K. Singh remarked that the inaction of the officials was not just shocking but also prima facie contemptuous, stating that the authorities seemed to consider themselves "above and beyond the reach of law."

AOR Pashupathi Nath Razdan appeared for the Petitioner, while AOR Soayib Qureshi appeared for the Respondent. 

The Court further noted that instead of implementing the May 3, 2007 order of the High Court, the officials had issued cryptic orders to frustrate compliance, harassing the poor respondents—daily wage workers.

“In actuality, we consider the instant case fit for imposing exemplary costs on the delinquent officers, besides also recommending strong disciplinary actions against them. However, we presently refrain from doing so, keeping in view the fact that the contempt proceedings are still pending before the learned Single Judge,” the Court observed.

The Court directed the Single Judge hearing the contempt case to take up the matter on a weekly basis to ensure that "the majesty and sanctity of law" are maintained.

With these strong observations, the Court dismissed the SLP, putting the responsibility on the High Court to ensure compliance and disciplinary action against erring officials. Pending applications, if any, were also disposed of.

High Court's Order

On December 4, 2024, the Jammu and Kashmir High Court denied relief to the Union Territory administration, holding that the authorities had failed to comply with the 2007 order. The High Court had noted that despite the daily wagers filing a contempt plea in 2010, the administration continued to ignore its directives.

The Court had found that the 2007 order was never challenged, nor was a review sought. The High Court had directed officials to treat the petitioners at par with similarly placed workers who had already been regularized under SRO 64 of 1994, which set criteria for regularization of daily wagers in the state government.

"The order passed by the single judge (2007 order) clearly required the appellants to deal with the case of the respondents (daily wagers) in parity with such others who had already got the benefit of SRO 64 and were similarly placed as the respondents herein," the High Court had said.

Cause Title: Union Territory of Jammu and Kashmir & Ors. v. Abdul Rehman Khanday & Ors. [Special Leave to Appeal (C) No(s). 5873/2025]

Appearance:-

Petitioner: Advocates Rushab Aggarwal, Pashupathi Nath Razdan (AOR) 

Respondent: Advocates Soayib Qureshi (AOR), Chetna Alagh

Click here to read/download the Order