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HC directs Nodal Officer to appear in person along with record
Contempt filed by Adhoc Lecturers
9/8/2014 11:30:46 PM
Jammu, Sept 8: Taking strong and serious notice of blatant interference with the course of justice affecting thereby the dignity and validity of ad-interim directions passed by High Court in contempt petitions, Justice Tashi Rabstan of J&K High Court Jammu Wing after hearing Advocates DS Chouhan, HC Jalmeria, Sudershan Sharma and Suraj Singh for the petitioners whereas Sr. Adv Sunil Sethi with Adv Veenu Gupta for the Nodal Officer, observed that in terms of earlier order dated August 21, 2014, Prof. Nutan Rasutra, Principal GGM Science College, Jammu (Nodal Officer) was directed to remain present, but he is not present today and Sr. Adv Sunil Sethi appearing on behalf of respondent assured presence of Prof. Nutan Rasutra, Principal GGM Science College, Jammu (Nodal Officer) on next date of hearing, directed that Prof. Nutan Rasutra, Principal GGM Science College, Jammu (Nodal Officer) shall remain present along with record on September 10, 2014.
Petitioners working as Lecturer on contractual basis with effect from September 03, 2008 sought quashment of Section 3 (b) of J&K Civil Services (Special Provisions) Act, 2010 in so far as the said provision excludes the employees appointed in academic arrangement from their right of regularization of their services being ultra virus the Constitution of India, especially when the candidates appointed on 'academic arrangement' are recruited and selected on merit through a fair and open process set out in the recruitment, selection and appointment procedure and in the context of overall workforce plan. Therefore, excluding the employees appointed/engaged on 'academic arrangement' from regularization of their services defeats their right to employment and acts in contravention and contradiction to Articles 14 and 16 of Constitution of India and the State being Welfare State cannot be allowed to exploit the writ petitioner and take advantage of the helplessness and her miseries. The ad-interim directions passed by High Court were conveyed by the Petitioner through Advocate Vide various communications were sent through Speed Post to all the Respondents. (JNF)
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