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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Shiv Lal – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
SANJAY DHAR, J.
01. The petitioner through the medium of the present petition has sought a direction upon the respondents to regularize his services retrospectively from the date of his initial appointment i.e. 25.03.1992.
02. As per the case of the petitioner, he came to be appointed as Tax Collector on consolidated basis in Notified Area Committee Bishnah by virtue of order No. NAC/B/92/730-32 dated 25.03.1992. It has been submitted that the petitioner is continuously working on the said post since his date of appointment. Thereafter, vide order No. 91/DLBJ of 1998 dated 30.06.1998, his services were regularized on the post of Tax Collector in the regular pay scale of Rs. 950-1500.
03. It is case of the petitioner that he was entitled to regularization from the date of his initial appointment on consolidated basis and in this regard, he made a number of requests to the respondents but no action has been taken by the respondents.
04. It is being contended that two similarly situated employees, namely, Sh. Sanjay Kumar S/o Keshav Ram and Shashi Kumar came to be appointed as Khilafwarzi Inspectors by the respondents in the Notified Area Committee Bishnah on consolidated basis
Long-term temporary employees are entitled to regularization and benefits under constitutional provisions ensuring equality and fair treatment.
Point of Law : It is equally well settled that Courts should interfere with administrative decisions pertaining to pay fixation and pay parity when they find such a decision to be unreasonable, unjus....
The date of regularization and grant of pay scale is at the discretion of the employer/screening committee, and no parity can be claimed in the matter of regularization in different years.
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