IMPORTANT POINT : There can be no undue discrimination in matter of regularisation of service..

JUDGMENT :

1. With a view to providing for regularization of various persons working in the University of Kashmir on casual, contractual or consolidated basis, a roadmap was prepared by the Financial Advisor (Universities) vide his No.FA-KU/JU/202-204.com/13 dated 20.08.2013. The roadmap prepared by the Financial Advisor (Universities) was approved by the University Council and process for regularization of persons engaged on casual/contractual basis was set in motion on the basis of guidelines promulgated by the University of Kashmir vide Notification No. F(Regular-Casual/Const-Gen.Adm) KU/14 dated 03.09.2014. The guidelines laid down in the said Notification are as under: –

“1. The person working on casual or contractual or consolidated basis shall be regularized on fulfillment of the following conditions: –

(i) That he/she has been engaged in the Main Campus/Satellite Campuses of the University of Kashmir by the General Administration on the approval of the Competent Authority;

(ii) That he/she is continuously working on casual/consolidated/contractual basis without any break (other than the usual breaks/leave sanctioned by the authority i.e. Head of the Department/Directors/Coordinators/Librarian/Controller of Examinations);

(iii) That he/she possesses the requisite qualification and eligibility criteria required for the post on the date of his/her initial engagement on casual or ad hoc or contractual or consolidated basis;

(iv) That no disciplinary or criminal proceedings are pending against him/her on the appointed day i.e. date on which he/she is considered for regularization;

(v) That he/she has completed seven years or more service (uninterrupted) as such on the appointed day i.e. the date of regularization.

2. The Committee consisting of all the following shall examine/recommend the cases of casual/contractual workers presently engaged in the University for regularization under rules: –

(i) Vice-Chancellor;

(ii) Registrar;

(iii) Director General Accounts and Treasuries (from Finance Deptt.)

(iv) Director Budget (from Finance Deptt.)

(v) An officer of the Administration Deptt.

3. Procedure for regularization: –

(a) The Committee shall consider the cases of all the casual/contractual engagees who have completed seven years of uninterrupted service after the first engagement and who have been paid regularly by the University from available resources. Upon regularization, such of the engagees as cannot be regularized suitably against available posts, could be designated as “Helpers” and be given the pay scales applicable to the lowest class-IV of employees in the University as the case may be. For such a process of regularization, supernumerary and temporary posts of “Helpers” shall be created outside the normal/existing hierarchy of the University.

(b) Helpers could subsequently move to clear posts/vacancies in the formal organization hierarchy as and when these become available and the supernumerary/temporary posts of Helpers vacated by the incumbents shall automatically get abolished.

4. The following shall not be considered for regularization: –

(a) Persons engaged on casual/contractual/consolidated basis in whose favour engagement order has not been issued by the General Administration of the University i.e without the approval of the Competent Authority.

(b) Persons engaged in the Research Projects/Schemes sponsored by various Govt./Private Agencies.

5. The regularization of the eligible casual or contractual or consolidated engagees shall have effect only from the date of such regularization irrespective of the fact that such engagees have completed more than seven years of service on the date of regularization.

6. The persons engaged on casual or contractual or consolidated basis who have not completed seven years shall continue as such till completion of seven years and shall thereafter be considered for regularization.

7. There will be complete ban on engagement of casual/contractual workers.

2. The Empowered C