The central legal point established in the judgment is the entitlement to regularization under the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010, emphasizing the eligibility criteria, appointments against clear vacancies, and the non-discrimination principle in the application of the Act.

JUDGMENT :

(Sanjeev Kumar, J.) :

1. This intra-court appeal by the State of Jammu and Kashmir (now Union Territory of Jammu and Kashmir) is directed against an order and judgment dated 29.04.2017 passed by the Single Judge of this Court [“Writ Court”] in SWP No. 486/2017, whereby the writ court has allowed the writ petition of the respondent No.1 (hereinafter to be referred as ‘writ petitioner’ for convenience) has been allowed and a direction is issued to the appellant herein i.e. Commissioner/Secretary to Government, PHE, Irrigation & FC Department to accord approval for regularization of writ petitioner’s service against the vacant post of Junior Assistant in Ravi Tawi, Irrigation Complex, Jammu under the provisions of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 [“the Act of 2010”].

2. Before we advert to the grounds of challenge urged by Mr. Amit Gupta, learned Additional Advocate General appearing for the appellants a quick recapitulation of the facts leading to the filing of the writ petition would be worthwhile.

3. The writ petitioner, who was claimably having qualification of BA and possessing a diploma in computers, was engaged as typist on the recommendations of the then Hon’ble Minister for PHE, I&FC department, vide order No. 614-16 dated 28.04.2005 issued by the Chief Engineer, Ravi Tawi, Irrigation Complex, Jammu. The engagement of the writ petitioner on consolidated remuneration of Rs.3000/- per month which was initially for a period of three months was extended from time to time. While the petitioner was still performing her duties as typist on consolidated wages, the appellants came up with an enactment by the name of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 which inter alia provided for regularization of eligible persons having been appointed on adhoc, contractual or consolidated basis for a period of seven years, provided such appointments had been made against the clear vacancies.

4. The writ petitioner completed her seven years continuous service in the year 2012 and, therefore, she claiming to be eligible for regularization under the Act of 2010 approached the appellants for processing her case for such regularization. A formal application was moved by the writ petitioner on 01.06.2012 before the Chief Engineer, Ravi Tawi, Irrigation Complex, Jammu through proper channel. The Chief Engineer, Ravi Tawi, Irrigation Complex, Jammu vide his communication bearing No. RTIC/Estt/4729-30 dated 24.01.2017 addressed to the Commissioner/Secretary to Government, PHE, Irrigation & Flood Control Department, Jammu recommended the case of the writ petitioner for her regularization against the vacant post of Junior Assistant under direct recruitment quota available in RTIC. The Chief Engineer, in the communication aforesaid, made it amply clear to the Administrative Department that as per his records the writ petitioner had been working on consolidated basis since 28.04.2005 and had since completed more than seven years continuous service. He also apprised the Administrative Department that the case of the writ petitioner for regularization stood submitted to the Administrative Department vide Letter No. RTIC/2039-40 dated 14.08.2012 and Letter No. RTIC/Estt/4732-33 dated 27.12.2014. The Chief Engineer also clarified and further intimated to the administrative department categorically that the writ petitioner had been working as computer operator/typist on consolidated basis against the post of Junior Assistant under direct quota and that she had been working continuously from the date of her appointment without any break. Ordinarily, the Administrative Department should have considered the case of the writ petitioner on the basis of recommendations made by the Chief Engineer, Irrigation & Flood Control department and issued the order of her regularization under the Act of 2010 but, as is usual with the people at the helm of affairs, the case of the petitioner was kept pendin