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| SC upholds J&K HC judgment directing regularization of Transport Deptt employees | | |
Early Times Report
JAMMU, May 7: A bench of Supreme Court comprising Justice M R Shah and Justice B V Nagarathna has upheld the judgment of J&K High Court whereby it has dismissed the appeal filed by Transport Commissioner challenging the judgment of writ court whereby the writ court found petitioners have been found entitled for regularization of services in accordance with the prevailing rules and regulations.
The Supreme Court observed that the senior advocate appearing on behalf of the petitioners has drawn attention to the regularization policy contained in the Jammu & Kashmir Civil" Services (Special Provisions) Act, 2010 (for short 'the Act, 2010'). It is the case on behalf of the petitioners that the regularization as per the Act, 2010 shall be subject to the conditions to be fulfilled as mentioned in Section 3 & 5 of the Act, 2010 which read as under Application of the Act.
The bench said that the provisions of this Act shall apply to such posts under the government as are held by any person having been appointed on ad hoc or contractual basis including those appointed on consolidated pay provided that such appointments have been made against the clear vacancies, but shall not apply to persons appointed in terms of government order 125-GAD of 2001 dated 1-02-2001, on contract basis in the personal sections of the Ministers or other authorities enjoying the status of a Minister; persons appointed on tenure posts co-terminus with the life of the project or scheme of the state or central government, as the case may be, and those appointed on academic arrangement for a fixed term in any government department; non-governmental agencies or autonomous bodies or public sector undertakings or corporations or government companies or societies or other local authorities which have their own rules and regulations governing their functioning and part-time or seasonal employees including those whose wages are paid from out of the local funds or contingent grants. Regularization of adhoc or contractual or consolidated appointees.- Notwithstanding anything to the contrary contained in any law for the time being in force or any judgment or order of any court or tribunal, the ad hoc or contractual or consolidated appointees referred to in section 3 shall be regularized on fulfilment of the following conditions, namely that he has been appointed against a clear vacancy or post; that he continues as such on the appointed day; that he possessed the requisite qualification and eligibility for the post on the date of his initial appointment on ad hoc or contractual or consolidated basis as prescribed under the recruitment rules governing the service or post; that no disciplinary or criminal proceedings are pending against him on the appointed day; and that he has completed seven years of service as such on the appointed day.
The SC observed that it appears that the respondents herein were serving against the clear vacancy and therefore, it cannot be said that Act, 2010 shall not be applicable. Once even as per the proforma, the appointments of the respondents were against the clear vacancy, they were entitled to the regularization under the Act, 2010.With these observations, the Supreme Court dismissed the SLP filed by UT of Jammu & Kashmir. |
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