Early Times Report
JAMMU, Sept 3: In a significant ruling, the High Court of Jammu & Kashmir and Ladakh at Jammu has quashed the termination of eight employees of the Municipal Committee, Thanamandi, District Rajouri, holding that their removal after nearly two decades of service was arbitrary and in violation of constitutional safeguards.
Justice M. A. Chowdhary, while deciding a batch of eight writ petitions, castigated the authorities for revoking the employees' regularization "without adopting due course of law and without affording them an opportunity of being heard." The Court observed that such arbitrary action cannot withstand judicial scrutiny.
The petitioners - Munawar Hussain, Mohd Faraz, Iftikhar Sayeed, Shamshir Ahmed, Musrit Begum, Mohd Qasim, Zareena Begum, and Shoket Hayat Shawl - were engaged as casual workers between 2005 and 2008 due to staff shortages. Their services were regularized between 2010 and 2013 with the approval of the Director, Urban Local Bodies, Jammu. However, in July 2024, their regularization was abruptly revoked through orders alleging illegal appointments, leading to their termination.
Appearing for the petitioners, Advocate K. Nirmal Kotwal argued that the employees had rendered long service and their regularization had been duly approved by the competent authority. Their sudden termination without inquiry, he contended, amounted to gross violation of principles of natural justice. Senior AAG S. S. Nanda, representing the government, maintained that the appointments were "back-door entries" in violation of the 2008 recruitment rules.
Rejecting the state's defence, Justice Chowdhary noted that once the Director himself had approved the regularization, the employees could not be removed without following the due process of a departmental inquiry. The Court quashed eight termination orders (Nos. 131 to 138-DULBJ of 2024, all dated 24.07.2024), while leaving liberty with the authorities to proceed afresh in accordance with law, if necessary.
The ruling brings major relief to the eight employees, many of whom had been serving the Municipal Committee for nearly 20 years, and underscores the Court's insistence on fairness and adherence to natural justice in matters of public employment. (JNF) |
