The main legal point established in the judgment is the need for proper consideration of regularization against specific posts based on the duties performed by the employees and the conditions specified in relevant notifications and previous judgments.

JUDGMENT

Moksha Khajuria Kazmi, J. -

SWP No. 1847/2010

1. The instant petition has been filed by the petitioner herein, challenging the order No. F (Regularization/Cont)GA/KU dated 16.06.2017 issued by the Assistant Registrar, General Administration to the extent it regularizes the petitioner as 'Helper' instead of 'Trainee Engineer'. Besides seeking the effect of regularization against such post; a formal order in this behalf in terms of roadmap as has been approved and issued by respondent No. 2 in the same manner as has been done by the Jammu University and in a way the similarly circumstanced contractual employees were regularized against their own post.

2. The petitioner has further sought direction against the respondents to release all his emoluments as a 'Trainee Engineer' from the date order of regularization as 'Helper', pay all benefits available to the said post and also to regularize the services of the petitioner with effect from the date he has completed his seven years of service against the post on which he has been working.

3. The Kashmir University pursuant to the resolution passed by the University Council of University of Kashmir and a Roadmap approved and communicated by Financial Advisor (Universities) viz University of Jammu and University of Kashmir vide No. FA-KU/JU/202-204.com13 dated 20.08.2013 also worked out the roadmap alongwith time lines, for opertaionalizing the framework. The relevant paras of the aforesaid communication are quoted herein below:-

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

V. All the cases of casual workers presently engaged in the two universities will be processed and put up to an empowered committee (one each for the two universities) comprising of the concerned Vice-Chancellor, Registrar, Director General Accounts and Treasuries, Director Budget (both from the Finance Department) and an officer to the General Administration Department (not below the rank of Additional Secretary) strictly as per the provisions of statutes and regulations for regularizing all 'engagees who have completed seven years of uninterrupted service after the date of first engagement and who have been paid regularly by the University from available non plan resources. Upon regularization such of the engagees as cannot 'Helpers' and be given the pay scales applicable to the lowest Class-IV or Class-III level of employees in the Universities, as the case may be. For such a process of regularization, supernumerary and temporary posts of the 'Helpers' shall be created outside the normal/existing hierarchy of the University.

VI. Helpers could subsequently move to the clear posts/vacancies in the formal organizational hierarch as and when these become available and the supernumerary/temporary posts of helpers vacated by the incumbents will automatically abolished.

VII. In case of contractual employees also, a similar dispensation could be followed with the difference that the designation could be 'Assistants' in place of 'Helpers' in case of class III posts.

4. The University of Jammu vide notification No. Estab/13/477-57611.04.2014 framed the roadmap in terms of notification No. FA-KU/JU/202-204.com/13 dated 20.08.2013, the persons engaged on casual/contractual basis were to be regularized on the basis of following guidelines:-

I. That he/she has been engaged in the Main Campus/Offsite Campuses of the University of Jammu by the establishment Section on the approval of the Competent Authority.

II. That he/she is continuously working on casual basis/consolidated/ contractual/ adhoc basis without any break (other than the usual breaks/leave sanctioned by the Authority i.e., Director/Head of the Department/Branch Officer).

III. That he/she possessed the requisite qualifications and eligibility criteria required or the past (as given at Annexure) on the date of his/her initial engagement on casual or adhoc or contractual or consolidated basis.

IV. That no disciplinary or criminal