JUDGMENT : Since in all these petitions common questions of fact and law are involved, therefore, same are being disposed of by the common judgment. Petitioners appointed on Daily wages/need basis in Electric Maintenance and RE Wing of Power Development Department in Poonch Division seek regularization of their services against the vacancies existing in the Electric Maintenance and RE Division, Poonch in pursuance to the Cabinet Decision No. 151/23/2012 dated 30.08.2012, strictly in accordance with the final seniority list and without the requirement of 84 Cash Voucher references. The case set up by the petitioners is that they have been appointed on daily wage/need basis in Electric Maintenance and RE Wing of Power Development Department, Poonch Division (for brevity 'EM & RE Wing of PDD') during the period 1994 till 2003 and are presently working as casual Daily labourers/PDLs/TDLs; however, their services have not been regularized despite lapse of more than a decade. It is stated that whenever Government decided to regularize the services of CDLs/PDLs/TDLs, the vested interests crept in and the blue eyed boys and those having some political or bureaucratic connections stole march over the petitioners. The vacancies of one Wing of the Department used to be utilized in another wing of the Department in order to adjust the blue eyed boys. The State cabinet vide its decision dated 30.08.2009 decided to regularize the services of the Casual Daily Labourers /PDLs/TDLs, in PDD generating a hope in the minds of petitioners that their service will be regularized as Class IV employees in EM & RE Wing of PDD against the vacancies existing as on date in the said Division in accordance with the seniority list prepared by the respondents without the requirement of 84 Cash Vouchers (for brevity CV). The process was initiated and details were sought from the concerned wing. Respondent No. 3 vide his communication dated 08.07.2009 addressed to respondent No. 2 expressed the exigencies under which the workers were employed on casual/need basis. Respondent No. 3 also furnished the list of casual/need basis workers working in different Divisions of EM & RE Wing of PDD to respondent No. 2. All the petitioners figure in the said list. This was followed by a series of communications inter se the respondents, however, regularization was never brought to its logical conclusion in more than 3 years. Respondent No. 3 also furnished the list of casual/need basis workers working in different Divisions of EM & RE Wing of PDD to respondent No. 2. All the petitioners figure in the said list. This was followed by a series of communications inter se the respondents, however, regularization was never brought to its logical conclusion in more than 3 years. Subsequently, proposal was put before the Cabinet in regard to seeking of sanction for regularization of PDLs/TDLs /casual labourers engaged after 01.04.1994 in PDD in relaxation of Rule 7 of SRO 64 of 1994 which was approved by the Cabinet. The Cabinet decision was communicated to the Chief Engineer of each Wing to take action expeditiously in a time bound manner. Government order No. 265-PDD of 2012 dated 05.09.2012 was issued giving time frame to the Officers/Committees at different levels to conduct verification of the engagement and deployment of all the casual labourers and to publish them at the Website of the Department. Though the petitioners figured in every list and were falling under the consideration zone, respondents continued with the discriminatory attitude by utilizing the vacancies of one wing in another wing and transfer of the posts from one Division to another Division in an arbitrary manner, so as to adjust the blue eyed boys and the policy of pick and choose adopted by the respondents continued. DPC meeting held on 02.03.2013 decided to procure month wise CV number references from the concerned Divisions/Circles where PDLs/TDLs were continuously working and being paid wages. This decision was communicated by respondent No. 3 to all Executive Engineers of PDD. A seniority list was also prepared by respondents in the above referred DPC meeting. Circular to this effect was issued on the same day i.e. 02.03.2013. Objections were invited from PDLs/TDLs; however, respondents decided to make combined seniority list of all the Divisions of PDD at District level. Allegedly, this was done to deny the benefit of regularization to daily wagers /casual labourers /PDLs/TDLs of EM & RE Wing of PDD, Poonch wherein about 100 vacancies existed and the respondents wanted to utilize these vacancies to adjust persons from the other divisions. Objections were filed by the daily wagers/casual labourers/PDLs/TDLs of M & RE Division, Poonch in accordance with the issue raised in SWP No. 2077/2012 titled Ali Hyder and ors v. State and others filed in this regard. Objections were filed by the daily wagers/casual labourers/PDLs/TDLs of M & RE Division, Poonch in accordance with the issue raised in SWP No. 2077/2012 titled Ali Hyder and ors v. State and others filed in this regard. Meanwhile, respondent No. 1 vide his letter dated 08.03.2013 communicated the criteria to be followed while making promotions from the PDL/TDL whose lists had been finalized by the competent authority. Respondent No. 5 vide his communication dated 26.04.2013 communicated the month wise CV numbers of casual labourers with the remarks that CV numbers of some casual labourers before 2005 were not available due to damage of records during earthquake and recommended that such casual labourers who were otherwise eligible for regularization may be exempted from providing CV numbers. Further that the date of engagement of some CDLs had been corrected as per their birth certificates. It is further alleged that the respondents went ahead with the method of seeking month wise CV numbers of casual labourers and maintained that only those of the daily wagers/casual labourers/PDLs/TDLs whose 84 CV Nos. were provided to the Departments would be considered for regularization. It is further averred in the petition that the petitioners are shown deficient in numbers of CVs and the respondents are attributing it to damage caused in earthquake of 2005, but no explanation has been offered in regard to non-availability of CVs beyond the year 2005, though the petitioners have been continuously working and getting salary from the respondents. It is stated that the cases of petitioners are being over-looked despite it being certified by the respondents that there is no break in their services and no disciplinary proceedings are pending against them. Respondent No. 3 is said to have sent a communication to respondent No.2 on 03.06.2013 providing details about regularization process and finalization of seniority list of daily wagers/casual labourers/PDLs/TDLs of EM & RE Wing of PDD, Poonch and forwarded the seniority list to respondent No. 2 for their regularization according to their seniority. As per the vacancy position reflected in the communication, 97 vacancies existed in District Poonch which were available in M & RE Wing. Respondent No. 2 forwarded the District wise seniority list and 84 months CV references of each individual to respondent No. 1 as received by him from respondent No. 3. As per the vacancy position reflected in the communication, 97 vacancies existed in District Poonch which were available in M & RE Wing. Respondent No. 2 forwarded the District wise seniority list and 84 months CV references of each individual to respondent No. 1 as received by him from respondent No. 3. It is alleged that preparation of joint seniority list of daily wagers/casual labourers/PDLs/TDLs from EM & RE Division and STD Division at district level was fraudulently devised by the respondents to adjust the blue eyed boys. Allegedly, this was done to give the way for adjustment of PDL/TDL of STD Division against the vacancies of EM& RE Division to deprive the petitioners and similarly situated daily wagers/casual labourers /PDLs/TDLs of EM & RE Division Poonch though the vacancies are from the Division only. Petitioners are also aggrieved of non-consideration of cases of such of daily wagers/casual labourers/PDLs/TDLs whose 84 months CV numbers have not been provided by the concerned Divisions. It is stated that district wise seniority lists have been prepared in whole of the State but in the case of District Poonch, aspirants from Kalakote Sub-Division have also been included which fall within District Rajouri. It is said to be detrimental to the daily wagers/casual labourers/PDLs/TDLs of EM & RE Wing of PDD, Poonch as 97 vacancies were available in EM&RE Division Poonch while no vacancy was available in STD Kalakote. Thus, the list of eligible candidates has been devised in a manner which has upset the seniority list earlier prepared by the respondents and forwarded to respondent No. 1 on 03.06.2013. It is alleged that only about 12 -14 daily wagers of M & RE Division Poonch have been adjusted and rest have been adjusted from Kalakote STD against 97 vacancies available in M & RE Division Poonch. It is claimed that the vacancies of one wing or Division of the department cannot be transferred and utilized in another wing or Division of the same department for regularization or promotion of the employees. Petitioners are also aggrieved of the criteria communicated by respondent No. 1 to the extent of requirement of continuation of 84 CVs references as the same gives unbridled discretion to respondents to deny regularization/promotion to any person. Petitioners are also aggrieved of the criteria communicated by respondent No. 1 to the extent of requirement of continuation of 84 CVs references as the same gives unbridled discretion to respondents to deny regularization/promotion to any person. Petitioners claim that most of them have crossed the age bar of 37 years and in the event of non-regularization they will be made to suffer for no fault on their part. Official respondents have filed objections. The stand taken in the objections is that in terms of proviso to Rule 7 of SRO 64 of 1994 dated 24.03.1994, among others departments, PDD was also authorized to engage casual /seasonal labourers from time to time on minimum need basis subject to terms and conditions as laid down in Govt. Order No. 239-F of 2005 dated 29.11.2005. The State Cabinet vide its decision dated 30.08.2012 authorized Power Development Department to take action as per the recruitment rules (which provides for dispensation in respect of PDL/TDL), making sure that no new creation of posts is involved. Consequently, all Wings /Circles/Divisions were directed to publish the list of PDLs/TDLs for inviting objections regarding their eligibility for regularization. Accordingly, Division wise list of PDLs/TDLs workers receiving wages with specific mention of CV number and date with continuity certificate issued by the concerned Executive Engineers were furnished. Respondent No. 3 constituted a Sub12 Committee comprising all the SEs and Executive Engineers M&RE Wing, Jammu besides representatives from other wings for conducting preliminary meeting with regard to regularization of PDL/TDL. The Committee deliberated upon the issue and laid down the criteria for regularization which inter alia provided that the PDL/TDL to be regularized should at least have completed seven years period of working and paid wages by the concerned Division/Wing. Division level DPC was conducted on 02.03.2013 after framing of seniority list at district level of all concerned divisions. The DPC meeting discussed the issue and decided to publish the seniority lists and procure month wise CV number references before submission of the cases of eligible PDLs/TDLs to Government for regularization. Some clarification was also sought from the Administrative Department. Thereafter the Administrative Department vide communication dated 08.03.2013 framed the criteria for consideration while making promotion from the PDL/TDL in order to implement the Cabinet decision and directed that the list of DRWs/PDL/TDL already published be submitted to Administrative Department. Same was done. Some clarification was also sought from the Administrative Department. Thereafter the Administrative Department vide communication dated 08.03.2013 framed the criteria for consideration while making promotion from the PDL/TDL in order to implement the Cabinet decision and directed that the list of DRWs/PDL/TDL already published be submitted to Administrative Department. Same was done. In regard to District Poonch the concerned Superintending Engineer was directed to re-verify the CV details of each PDL/TDL on individual basis alongwith other relevant date and to re-verify the information wherever necessary. Re-verified list of PDLs/TDLs from M & RE Division, Poonch and STD-IV Kalakote Sub Division Poonch totaling to 59 PDLs/TDLs were found having 84 CV numbers in terms of prescribed guidelines. Petitioners were found not having requisite number of 84 CVs as per the aforesaid criteria, thus they were not eligible and entitled to regularization in terms of the aforesaid guidelines. Respondent No. 5 has filed Supplementary affidavit stating therein that the petitioners were not working as PDL/TDL, but were being engaged as seasonal labourers and paid out of contingent funds. It is further stated in the supplementary affidavit that as per the record available, petitioners were converted as TDL/PDL and thereafter they were being paid wages from the Government treasury like other Government employees, but as per the record petitioners were short of 84 CVs which was a mandatory requirement as per the policy decision taken by the Administrative Department for regularization. Petitioners have filed reply to the supplementary affidavit, stating therein that the petitioners as well as the private respondents were converted into PDL/TDL and date of first CV number shows the first date of engagement as 01.07.2010. Therefore, such date was not taken as the date of engagement for the purposes of regularization as private respondents would not have been regularized on the basis of such date. It is claimed that the petitioners have been engaged in the year 1994 and this position is admitted and certificates have been issued by the competent authority to this effect. The record of petitioners shows that the petitioners belong to EM & RE Division Poonch who have been engaged in the said Division in 1994-2003 and they are continuously working there. The record of petitioners shows that the petitioners belong to EM & RE Division Poonch who have been engaged in the said Division in 1994-2003 and they are continuously working there. Private respondents have contested the petition on the ground that the writ petition is pre-mature as the official respondents are yet to issue orders of regularization after considering the decision of DPC and relevant service record in respect of petitioners as well as answering respondents. It is further pleaded that the petitioners have been engaged much later than the private respondents as is evident from the record maintained by the department and duly authenticated by the concerned Engineering staff. It is pleaded that petitioners have been engaged from the date the first cash voucher reflected in the record is shown. Heard learned counsel for the parties and perused the record. It is admitted position in the case that in terms of SRO 64 of 1994 Power Development Department was also authorized to engage casual/seasonal labourers from time to time on minimum need basis subject to terms and conditions as envisaged in Govt. Order No. 239-F of 2005 dated 29.11.2005. The case for regularization of daily wagers/casual workers PDL/TDL engaged by PDD was subsequently referred to GAD which placed the case before the Cabinet. It is also not disputed that the Cabinet vide its decision dated 30.08.2009 authorized the Power Development Department to take action as per their recruitment Rules which provided for dispensation in respect of PDLs/TDLs. However, no new creation of posts was allowed. Subsequently, the concerned Wing/ Circle /Division of PDD were directed to publish list of PDL/TDL for inviting objections regarding their eligibility for regularization. Divisional wise list of PDL/TDL workers receiving wages together with details regarding CV certificates and dates coupled with continuity certificates were furnished by the concerned divisions. The Sub- Committee constituted for the purposes of examining the issue laid down the criteria for regularization, which inter alia provided that the PDLs/TDLs to be regularized must have at least completed seven years period of working and must have been paid wages by the concerned division/wing. Subsequently, a DPC was held at the divisional level on 02.03.2013 which examined the seniority list and directed publishing of the seniority list and procured CV numbers from concerned Divisions. Subsequently, a DPC was held at the divisional level on 02.03.2013 which examined the seniority list and directed publishing of the seniority list and procured CV numbers from concerned Divisions. Subsequently, the Administrative Department vide communication dated 08.03.2013 framed criteria for consideration while making promotion from the PDLs/TDLs in order to implement the Cabinet decision. Accordingly, particulars of PDL/TDL with reference to first date of engagement /CV reference with continuation certificate and other details were submitted to Government. In so far the case of the petitioners is concerned, the stand taken by the official respondents is that in regard to District Poonch, Superintending Engineer was directed to re-verify CV details of each PDL/TDL on individual basis and re-verify the information wherever necessary. Re-verified list of PDL/TDL from M&RE Division Poonch and STD-IV Kalakote were received by the respondents on 16.12.2013 and 20.12.2013 respectively. According to respondents only 16 PDLs/TDLs of EM&RE Division Poonch and 43 PDLs/TDLs of STD-IV Kalakote were found having 84 CV numbers in terms of prescribed guidelines. According to official respondents, petitioners did not have requisite number of CVs as per the criteria laid down. According to petitioners, they were engaged in Electric Maintenance and RE Wing of PDD Poonch Division during the period 1994 till 2003. Respondent No. 3 is stated to have furnished the list of casual/need basis workers in different divisions of Electric Maintenance and RE Wing of PDD to respondent No. 2. Petitioners case is that they figure in the list furnished by respondent No. 5 in respect of District Poonch. Petitioners have placed on record list of PDLs/TDLs w.e.f. 1.04.1994 to 12.1.1999 in respect of EM & RE Division Poonch in which they figure. CVs reference therein is w.e.f. August 2010. In terms of the communication dated 08.03.2013 the criteria laid down is that the PDL/TDL must have worked continuously for seven years and his/her conduct must have remained satisfactory and no disciplinary proceedings should be pending against him. It further requires the documents giving the date of reference to first engagement as PDL/TDL and all CV's reference with continuity certificates with minimum 84 CV numbers as on December 2012. Petitioners have placed on record a communication from respondent No. 5 dated 26.04.2013 which reveals that the CV numbers of some casual labourers before 2005 were not available due to damage of records during earthquake of 2005. Petitioners have placed on record a communication from respondent No. 5 dated 26.04.2013 which reveals that the CV numbers of some casual labourers before 2005 were not available due to damage of records during earthquake of 2005. Respondent No. 5 recommended exemption of such casual labourers from providing CV numbers of the aforesaid period. This communication supports the claim of the petitioners in so far as ignoring of their claims on account of non-availability of requisite number of CVs is concerned. Therefore, claim of petitioners on this score could not be rejected. It is not disputed that the seniority list of PDL/TDL/casual labourers of PDD were required to be furnished district wise for each division, therefore, PDLs/TDLs borne on the strength of STD-IV Kalakote Sub Division falling in Rajouri District could not be considered while considering regularization of daily wagers/casual labourers/ PDLs/TDLs of EM & RE Wing of PDD, Poonch. Criteria framed in terms of communication dated 08.03.2013 for making promotion from PDL/TDL to Class IV post is not shown to be in transgression of the requirement of Govt. Order No. 278-PDD of 1989 dated 27.11.1989, Govt. Order No. 105-PDD of 2012 dated 02.04.2012 and SRO 381 of 1981 dated 26.08.1981. The criteria framed for consideration of PDL/TDL for promotion to Class IV post was in furtherance of Cabinet decision dated 30.08.2012 and the same not having been shown to be unreasonable or arbitrary, no fault can be found with the same and petitioners cannot be permitted to cry foul on that score. The requirement of drawing up list of PDLs/TDLs with reference to first engagement/CVs reference with continuation certificate/date of birth/ academic qualification is in consonance with the spirit of the criteria framed. In respect of District Poonch respondents directed concerned Superintending Engineer to re-verify CV's details of each PDL/TDL along with relevant date who submitted the re-verified list of PDL/TDL from M&RE Division Poonch and STDIV Kalakote. On re-examination of re-verified CVs only 16 PDLs/TDLs of EM&RE Division, Poonch and 43 PDL/TDL of STD-IV Kalakote, Sub- Division were found having 84 CV's in terms of prescribed guidelines. Since petitioners were not found to have required numbers of CVs as per the criteria laid down, they are stated to be not eligible and not entitled to regularization. On re-examination of re-verified CVs only 16 PDLs/TDLs of EM&RE Division, Poonch and 43 PDL/TDL of STD-IV Kalakote, Sub- Division were found having 84 CV's in terms of prescribed guidelines. Since petitioners were not found to have required numbers of CVs as per the criteria laid down, they are stated to be not eligible and not entitled to regularization. It appears that though no final decision in regard to regularization of PDLs/TDLs for promotion to Class IV posts in regard to district Poonch has been taken, consideration of 43 PDLs/TDLs of STD IV Kalakote Sub-Division against vacancies of EM&RE Division, Poonch is not warranted. Admittedly, PDLs/TDLs of EM&RE Wing of PDD Poonch are required to be regularized as per the criteria laid down in communication dated 08.03.2013 against district wise available vacancies in Class-IV category of posts and in view of this admitted position, PDLs/TDLs of STDIV Kalakote Sub-Division are not entitled to consideration against the vacancies available in Class IV category in district Poonch. To that extent stand taken by the official respondents cannot be supported. In view of the same the stand taken by the official respondents in regard to consideration of PDLs/TDLs of STD-IV Kalakote Sub-Division against PDLs/TDLs of EM&RE Wing of PDD Poonch vacancies is held to be not warranted. In the supplementary affidavit respondent No. 5-Executive Engineer has stated that as per the record the petitioners were not working as PDL/TDL but they were being engaged as Seasonal labourers without any substantive right and they were being paid out of the contingent funds meant for completion of the work. It is further stated in the supplementary affidavit that the petitioners were converted as TDL/PDL and thereafter they were being paid wages from the Govt. Treasury like other Government employees and as per the record petitioners are short of 84 CVs thereby rendering them ineligible for regularization. The affidavit does not specify the date when the petitioners were converted as TDLs/PDLs. There being no rebuttal to the claim of petitioners that they were engaged during the period 1994 till 2003 on need basis, the averments made in the petition to that effect are deemed to be admitted. The power to engage daily rated workers was withdrawn in terms of Govt. Order No. 26-F of 1994 dated 31.01.1994. There being no rebuttal to the claim of petitioners that they were engaged during the period 1994 till 2003 on need basis, the averments made in the petition to that effect are deemed to be admitted. The power to engage daily rated workers was withdrawn in terms of Govt. Order No. 26-F of 1994 dated 31.01.1994. However, under the Jammu and Kashmir Daily Rated Workers/Work Charged Employees (Regularization) Rules, 1994 engagements on daily wage basis could be made after 31.01.1994. This proposition of law is settled by this Court in Kasturi Lal versus Jagdish Parihar, AAG 2012 (2) SLJ 540. In view of the deemed admission of engagement of petitioners on daily wages basis during the period 1994 till 2003 and the proposition of law referred to hereinabove the denial of consideration to the case of the petitioners for promotion to Class IV posts could not be justified. Petitioners alongwith other similarly situated persons would be entitled to consideration for promotion to the Class-IV posts in EM&RE Wing of PDD Poonch on the basis of district wise vacancies notwithstanding the fact that their 84 CVs are not forthcoming from the record maintained by the official respondents and the date of their conversion as PDL/TDL is not specified. Petitioners cannot be made to suffer for their CVs not being available with respondent-Department on account of damage caused to record in earthquake of 2005. In view of the same, the claim of petitioners for regularization and promotion to the Class-IV posts against district wise vacancies in EM&RE Wing of PDD Poonch merits consideration at the hands of official respondents without insisting upon the proof of 84 number of CVs. The petitions are, accordingly, allowed and respondents are directed to consider the claim of petitioners for regularization of their services as Class IV employees in the Electric M & RE Wing of Power Development Department in Poonch Division on the basis of district wise vacancies. Let this exercise be undertaken and concluded within a period of three months from the date a copy of this order is served upon the respondents by the petitioners. Disposed of along with connected CMA(s). Registry to place a copy of this order on each file.