The entitlement to regularization under the Jammu & Kashmir Civil Services (Special Provisions) Act, 2010 is determined by whether the appointments were made against clear vacancies, as specified in the Act.

ORDER

1. We have heard the learned Senior Advocates appearing on behalf of the respective parties.

2. Mr. Vijay Hansaria, learned Senior Advocate, appearing on behalf of the petitioners has drawn our 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:-

"3. Application of the Act.- 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. -

(a) persons appointed in terms of Government Order No. 125-GAD of 2001 dated 01-02-2001, on contract basis in the personal sections of the Ministers or other authorities enjoying the status of a Minister;

(b) 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;

(c) 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

(d) part-time or seasonal employees including those whose wages are paid from out of the local funds or contingent grants.

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5. 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 fulfillment of the following conditions, namely:-

(i) that he has been appointed against a clear vacancy or post;

(ii) that he continues as such on the appointed day;

(iii) 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;

(iv) that no disciplinary or criminal proceedings are pending against him on the appointed day; and

(v) that he has completed seven years of service as such on the appointed day:

Provided that the regularization of the eligible ad hoc or contractual or consolidated appointees under this Act shall have effect only from the date of such regularization, irrespective of the fact that such appointees have completed more than seven years of service on the appointed date or thereafter but before such regularization;

Provided further that any ad hoc or contractual or consolidated appointee who has not completed seven years service on the appointed day shall continue as such till completion of seven years and shall thereafter be entitled to regularization under this Act."

3. However, from the material on record and, more particularly, the proforma produced at Ex. P-1, 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.

4. In that view of the above fact situation, no error has been committed by the High Court.

5.The Special Leave Petition stands dismissed.