news details |
|
|
| HC directs for regular selection against lecturers posts | | ‘Regularization of Lecturers appointed against migrant vacancies be withdrawn’ | | Early Times Reporter
Jammu | Jan 5
Justice Nirmal Singh of J&K High Court, Jammu Wing, in a landmark judgment held that petitioners are not entitled to regularization of their services against the post they have been engaged on contract/temporary basis as the engagement has been done without following any procedure as provided for filling up the post belonging to state cadre.
This land mark judgment passed in a writ petition filed by Suman Sharma and Ors on the basis that State Government vide order August 30, 1991 framed a policy regarding engagement of lecturer in higher education as a temporary arrangement for smooth conduct of academic activity of various colleges in the State. This arrangement of temporary lecturers was made against the migrant vacancies which fell vacant in valley due to militancy.
Justice Singh, after hearing Sr. Adv JS Kotwal, Advocates Mrs. R Afzal, DS Chouhan, RP Sharma appearing for the petitioners and Additional Advocate General BS Salathia with Vikram Singh Adv appearing for the State and PSC, referred the judgment of a full bench of this Court and judgment of a Division Bench, held that the services of private respondents, who were initially engaged on contract/ temporary basis and later on regularized against the vacancies, which became available due to the migrants, shall also be treated on contract basis and the benefit of regularizing their services, which has already been done, shall be deemed to have been withdrawn. This would, however, be done by issuing a prior notice to the private respondents within a period of 15 days from the date of receipt of this order by the respondent State.
Court further observed that he petitioners shall be allowed to continue till the posts are filled-up by a regular selection process. The state respondent, however, shall be free to continue this engagement of the petitioners only if there is requirement to engage them keeping in view the interest of students. The petitioners would be entitled Rs 12000 per month for full year even though they are engaged on session to session basis and in case, the engagement of the petitioners is extended beyond one session then at the time of their engagement to next academic session, they will be entitled to increment also as attached to the regular scale of lecturer in higher education.
In the approved for reporting judgment Justice Singh directed state respondent that they may take steps for initiating a regular selection process for filling-up the posts of lecturers in higher education on permanent basis and in case any such process is initiated, then the petitioners along with the private respondents, who have become overage, shall be allowed to participate in the selection process by relaxing their age as a one time exception. This is, however, subject to condition that such petitioners/ private respondents were eligible at the time of their initial engagement on contract basis so far as the age criteria are concerned. Court also directed the state that they shall also release unpaid remuneration, if any in favour of the petitioners for the period they have actually worked. With these observations Court disposed off petitions along with CMPs. JNF |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
