Regularization of contractual workers is governed by the policies and acts in force, which protect rights against repeal under certain conditions.

ORDER

(Per: Mrs. Pragya Sahay Saksena, Administrative Member)

SWP No. 1946 of 2010 has been filed by the petitioner (Applicant) in the Hon’ble High Court on 12.08.2010 seeking following reliefs:-

(i) Issue a writ in the nature of Mandamus commanding the respondents to consider the case of the petitioner for regularization of his services in terms of the policy formulated by the State Govt. vide Govt. Order No. 1423- GAD of 2009 dated 14.10.2009 and consequently regularize the services of the petitioner and accord all the consequential service benefits including monetary & notional benefits in favour of the petitioner retrospectively from the date of his initial engagement in service.

(ii) Issue writ in the nature of mandamus commanding the respondents to release the monthly wages/ salary of the petitioner illegally withheld since August, 2008 till date and further direct the respondents to pay the petitioner regularly in future.

(iii) Writ in the nature of prohibition restraining the respondents not to take any action dis-advantageous to the service interest of the petitioner.

2. After the reorganization of State of Jammu and Kashmir into Union Territory of Jammu & Kashmir and Ladakh and in view of the Notification No. G.S.R. 267 (E) dated 29.04.2020 read with notification No. G.S.R. 317 (E) dated 28.05.2020 issued by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), the jurisdiction to adjudicate upon the lis regarding service disputes of the employees of UT of J&K and Ladakh was conferred upon this Tribunal and while considering the said fact, the record of Service Writ Petition No. 1946 of 2010 was ordered to be transferred by the Hon'ble High Court to this Tribunal on 28.10.2020 and renumbered as Transferred Application No. 4917 of 2020.

3. Facts of the case as averred in the T.A. are that the applicant having both educational qualification (8th Standard) and Technical qualification (Driving Licence), was appointed on adhoc/ temporary basis as Driver in Health & Medical Education Department, Jammu in July 2007. From the time of his engagement, the applicant has been continuously discharging his duty initially with usual breaks and thereafter from August 2008, without any break at Primary Health Center, Goha. However, despite continuously working the applicant has not been given his monthly salary/ wages after July 2008, though he represented from time to time before the Respondents. Vide Govt. Order No. 1423-GAD of 2009 dated 14.10.2009, the Government of J&K formulated a policy for regularization of adhoc/ contractual/ consolidated employees working in various Government Departments who had been appointed against clear vacancies, subject to fulfillment of certain conditions.

3.1 It is further averred in the petition that the applicant meets all the condition stipulated in the Govt. Order of 2009 (Supra), however, Respondents did not process his case for regularization whereas similarly placed other employees were regularized.

3.2 Thereafter, a Miscellaneous Petition was filed by the applicant indicating that in compliance with the interim direction of Hon’ble High Court of J&K dated 13.08.2010, the Respondents have released the pending salary up to January 2018.

4. In the written objections filed by the Respondents, it has been mentioned that the applicant was engaged as Driver on need basis at Primary Health Centre Goha, Block Assar, District Doda and it was specifically mentioned in the engagement order of the applicant that it does not confer any right on the appointee to claim for regular selection against the