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| ‘Contractual lecturers can’t be regularized’ | | Candidates regularized on migrant vacancies be treated on contract basis: HC | | Early Times Reporter
Jammu | Dec 10
In a landmark judgment, while disposing off 137 writ petitions along with eight contempt petitions, filed by the candidates appointed on contractual basis as lectures, Justice Nirmal Singh of J&K High Court Jammu Wing directed the state authorities that the services of the candidates who have been regularized against migrant vacancies, which have fallen vacant in Srinagar, shall be treated on contract basis and this would be done by issuing a prior notice to the candidates within the 45 from the date of receipt of the copy of this order.
While disposing off these petitions, Justice Singh said the Court is of the opinion that the submission of the counsels for the petitioners cannot be accepted and if, earlier, some act has been committed by the State Authorities, which is not in accordance with the law, then the said authorities cannot be directed to act and adopt the same approach again as this would further lead to multiplicity of litigations and result in an un-ending process.
Justice further directed that the posts against which the petitioners have been appointed on contract basis, being state cadre posts, cannot be directed to be filled in by regularizing the services of the petitioners as they have been engaged/appointed by District Level Committees without adopting the proper procedure and their services would be deemed to have been governed by the terms of the contract. Court further directed that the petitioners shall be allowed to continue till regular selection is made. This is, however, subject to the condition that there is requirement to continue their engagement, keeping in view that interest of students in particular schools where they have been appointed. Petitioners would also be entitled to remuneration of Rs 7000 per month for full year even though they are engaged on session to session basis. Court further directed the respondent State to take steps for initiating a regular selection process in accordance with the law for filling-up the posts of lecturers on permanent basis, in case, any such process is initiated, then the petitioners, who have become overage, shall be allowed to participate in the said selection process by relaxing their age as a one time exception. Court clarified that this shall, however, be subject to the condition that such like petitioners were eligible at the time of their initial engagement so far as age criteria are concerned.
Justice Singh while deciding these batches of writ petitions observed that the petitioners are seeking directions to respondent State to consider their cases for regularization of services against the post of lecturers by according the same treatment as has been given to their counterparts whose services have been regularized against the migrant posts and other vacancies which became available in Srinagar. It is further stated that the petitioners otherwise are also entitled to be regularized against the said post in terms of conditions prescribed in Government order issued on July 31, 2003, Upon this notices were issued to respondents, only state has filed objections whereas private respondents have not chosen to appear and in the Objections State have stated that the engagements of the petitioners as lecturers were made on temporary basis in different districts on need basis so that the students studying in higher secondary schools may not suffer. It if further stated that government taking into consideration the urgent need of teachers/ lecturers, has appointed the petitioners on consolidated salary of Rs 7000 per month on session to sessions basis and the petitioners do not have any right of seeking regularization against the said posts as theses posts are to be filled by direct recruitments through the PSC. The petitions were admitted to hearing and the question which is required to be considered in these petitions is as to whether a candidate who was engaged on a post on contract basis for a particular term and consolidated salary is entitled to seek regularization that too when there is a specific condition laid down in the scheme that a candidate will have no right of appointment on permanent basis against the temporary post held by him.
On the contentions of the Advocates appearing for the petitioners that similarly situated persons have been granted benefit in the Valley and the respondent state cannot adopt a discriminatory approach so far as the candidates belonging to Jammu region. Court further observed that the writ petitions in hand may have been allowed on the basis of the concession given by the then Advocate General in the FULL BENCH at Srinagar, if the selection of the petitioners would have been made initially by a legal constituted committee, who is competent to make the selection against state cadre posts, but the Court is handicapped in doing so because the said selection, as indicated above has been made by the District Level Committees without adopting proper procedure. However, Court is of the view that the concession accorded by the then Advocate General before the FULL BENCH of this Court at Srinagar, should not have been accorded, and therefore, the contention raised by the advocates appearing for the petitioners in this regard has to be accepted. The methodology adopted by the respondent State in granting relief to the candidates in Srinagar part of the State without resorting to a proper selection process can be termed as a pick and choose policy and without any doubt is a deviation from the course of law. The authorities concerned under the State are expected to protect and preserve the rights of every citizen as has been guaranteed under Article 14 and 16 within 1 of the Constitution of India and therefore, should not adopt discriminatory approach.
In the much awaited judgment regarding the contractual appointments of lecturers, Justice Singh further observed that Advocate General AH Naik made a statement that in Srinagar the candidates who were appointed initially in terms of the scheme were later on regularized against the migrant vacancies, Justice Singh said that in case, the selection of said candidates who have been regularized in Srinagar, is held to be bad, the State will take the requisite steps for disengaging such candidates even though this was done on the basis of the concession accorded by the then Advocate General before the FULL BENCH. Court . He said that in the present case even if the argument raised by the Advocate General that the candidates in Srinagar were adjusted against the migrant vacancies is accepted even then such a selection would be bad because, as indicated above, the posts against which they have been appointed are state cadre posts and these could not have been filled by adjusting the candidates belonging to a particular part of the State, and therefore, the concession given by then Advocate General before FULL BENCH, " in my view, was a wrong approach on the part of the state authorities and can be termed as discriminatory. The state in this regard has to adopt appropriate measures. With these observations and directions, the High Court disposed of 137 writ petitions along with eight contempt petitions seeking regularization by the contractual lecturers. JNF |
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