Accrued Right to Regularization Under J&K Act 2010 Not Defeated by Its Repeal: Central Administrative Tribunal - 2025-09-06

Repeal of Law Cannot Extinguish Accrued Right to Job Regularization, Rules CAT

Jammu | August 19, 2025

The Central Administrative Tribunal (CAT), Jammu Bench, has delivered a significant ruling, holding that a government employee's right to regularization, once accrued under a specific law, cannot be defeated by the subsequent repeal of that legislation. Quashing a government order that denied regularization to three contractual employees, the Tribunal directed the authorities to regularize their services with retrospective effect and all consequential benefits.

The bench, comprising Hon’ble Mr. Sanjeev Gupta (Judicial Member) and Hon’ble Ms. Pragya Sahay Saksena (Administrative Member) , emphasized that a saving clause in the repealing order protects rights and privileges acquired under the previous law.

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Background of the Case

The application was filed by three individuals: Ganesh Dutt, a Junior Engineer with the Public Works Department (PWD), and two Patwaris, Roshan Lal and another Roshan Lal, with the Irrigation and Flood Control Department. All three were appointed on a contractual basis in 2009.

They became eligible for regularization in 2016 after completing seven years of service, a key condition under the J&K Civil Services (Special Provisions) Act, 2010 . In April 2018, an Empowered Committee constituted under the Act cleared their cases and recommended them for regularization. However, the government failed to issue the necessary orders.

After a protracted legal battle, including a contempt petition, the PWD finally issued an order on August 29, 2024, rejecting their claim. The primary reason cited was the repeal of the 2010 Act, stating there was no longer a policy for regularization.

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Arguments from Both Sides

Applicants' Arguments: * Senior Advocate Mr. Abhinav Sharma, representing the applicants, argued that they fulfilled all conditions for regularization under the 2010 Act, including being appointed against clear vacancies. * He contended that their right to regularization accrued in 2016, well before the Act was repealed in 2020. * Crucially, he pointed to the saving clause in the J&K Reorganization (Adaptation of State Laws) Order, 2020 , which explicitly states that the repeal shall not affect any "right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed."

Respondents' Arguments: * The government departments argued that the applicants were not appointed against clear vacancies and that their initial engagement did not confer any right to regularization. * They maintained that since the Act of 2010 had been repealed, there was no existing legal framework to process the applicants' claims. * The recommendation of the Empowered Committee was described as merely "recommendatory" and not binding.

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Tribunal's Decisive Reasoning

The Tribunal dismantled the government's arguments one by one. It found the respondents' stance contradictory, particularly in light of their own internal communications.

On Eligibility: The Tribunal highlighted a crucial communication from January 2019, where the Chief Engineer of the PWD confirmed to the government that Applicant No. 1 (Ganesh Dutt) was indeed appointed against a "clear vacancy" by a "competent authority." The judgment noted:

"The respondents cannot be permitted to blow hot and cold in the same breath, especially when their own departmental correspondence unequivocally affirms the applicants’ compliance with the statutory conditions under Section 5 of the Act of 2010."

On the Repeal of the Act: The bench firmly established that the repeal of the 2010 Act was not retrospective. It cited Clause 6 of the 2020 Reorganization Order, which contains a saving clause protecting accrued rights. The Tribunal held:

"Thus, it becomes clear that the repealing of the Act of 2010 would not affect the right of regularization already accrued to the applicants in the year 2016."

The Tribunal also pointed out the injustice of denying regularization after over 16 years of continuous service, stating that "administrative lapses cannot afford any justification... to take advantage of their own wrong."

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Final Verdict and Directions

The Tribunal allowed the application and issued the following directives:

1. Quashed the Impugned Order: The government order dated August 29, 2024, rejecting the applicants' claim, was quashed and set aside.
2. Order for Regularization: The respondents were directed to regularize the services of Ganesh Dutt as Junior Engineer and the two Roshan Lals as Patwaris.
3. Effective Date: The regularization is to be effective from April 25, 2018—the date the Empowered Committee made its recommendation.
4. Consequential Benefits: The applicants are entitled to all consequential benefits, including seniority and arrears of salary attached to their respective posts.

The government has been given two months to comply with the order, failing which it will be liable to pay 6% annual interest on the monetary benefits.