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| Govt directed to give benefits to petitioner as per Services Act 2010 | | | Early Times Report
Srinagar, July 28: The J&K High Court has directed the state government to give the service benefits to a petitioner as per J&K Civil Services (Special Provision) Act 2010.
The direction came in a service petition filed by Haiz ul Rehman of Jalalabad, Sunjwan in Jammu. The petitioner was appointed as Junior Assistant on adhoc bases in the Transport department on 10-1-1998 and became entitled to regularization immediately after the Act came into force.
The petitioner had filed a writ petition through advocate Faheem Shokat Butt before the High Court arguing that the state legislature passed an enactment known as J&K Civil Services (Special Provision) Act, 2010 which came into force on 29-4-2010 which provides for regularizations of services of adhoc, contractual and consolidated appointments after completion of 7 years of services.
The counsel of the petitioner argued that his client was engaged on adhoc basis as Junior Assistant on 19-01-1998 and was entitled to be regularized under the aforesaid Act and the delay on part of the respondent in order to regularize the services of the petitioner compelled him to approach the court in its extraordinary writ jurisdiction as despite the opinion of Law Department, his case was not forwarded to Empower Committee constituted under section 10 of the aforesaid Act.
After going through the arguments presented by the counsel of the petition, Justice Sanjeev Kumar stated: "This petition is disposed of with the direction to respondents to considered the grievance projected by the petitioner in this petition in the light of law declared by the Division Bench of this court in the case of Afaq Rasool Gadda (supra) and pass appropriate order giving retrospective effect to the regularization of the petitioner from the date it is found due in view of the law laid down in the aforesaid judgment."
The court further observed: "Let this exercise of consideration be completed by the respondents within six weeks from the date…needless to say that in case the petitioner is found entitled to regularization w.e.f 26-09-2010, he would be entitled to all consequential benefits from such retrospective regularization".
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