Discriminatory treatment in employment regularization cases violates the principle of equality as per Article 14 of the Constitution.

ORDER (FINAL)

(Delivered by Hon’ble Mr. Rajinder Singh Dogra, Member-J)

1. Being aggrieved of the order No. 66-Edu (Tech) of 2017 dated 28.06.2017 passed by the respondents , applicant initially filed SWP No. 322/2018 before the Hon’ble High Court of J&K at Jammu, which on transfer to this Tribunal has been numbered as T.A. No. 1957/2021.

2. Brief of the case in nutshell taken by learned Counsel for the applicant reiterated in TA that the petitioner came to be engaged as Junior Instructor in the year 1989 at ITI, Basohli as per the recommendation of SSRB on adhoc basis alongwith respondent Nos. 7 and 8 who however came to be disengaged in 1989 but the petitioner continued to work and thereafter by virtue of a Govt. Order issued on 11.09.1989, the respondents No. 7 and 8 again came to be reengaged and thus became junior to the petitioner. The petitioner as well as the said respondent Nos. 7 and 8 filed a writ petition for their regularization and the writ petition came to be decided in the year 1991 and respondents No. 7 and 8 were regularized but the petitioner was left out and he filed another writ petition being SWP No. 651/1992 but as per the information received by the petitioner, the record of the said writ petition was burnt down in a fire incident in the high court but this fact was never conveyed to the petitioner by his counsel and he continued to believe the assurances that the said writ petition for regularization is still pending and in the meanwhile, the Govt. has passed an order being No. 66-Edu (Tech) of 2017 dated 28.06.2017, by virtue of which the petitioner is being ordered to be regularized in terms of SRO-400 of 2009 on prospective basis because of which the petitioner will have to settle for lower pay scale than what he is getting at present, he will not be given any pension and other service benefits will also be not extended to the petitioner and despite repeated representations against this hostile and unequal treatment, the case of the petitioner is not being settled and he is not being regularized from the day respondents No. 7 and 8 came to be regularized.

3. Being aggrieved, the applicant has filed the present Transfer Application, seeking the following reliefs: -

i. Pass a writ of certiorari quashing the order No. 66-Edu (Tech) of 2017 dated 28.06.2017 whereby the petitioner has been ordered to be regularized prospectively under provisions of SRO 400 of 2009 dated 21.12.2009;

ii. Pass a writ of mandamus commanding the respondents to regularize the petitioner as Junior Instructor w.e.f. February, 1989 in the pay scale of 900-1830 as has been done in the case of respondent No. 7 & 8 and to provide all service benefits as have been granted to said respondents No. 7 & 8;

4. The applicant thus invoked the jurisdiction of this Tribunal. The respondents also filed their reply/objections. After completion of the pleadings the matter was finally heard on 15.10.2024.

5. The learned counsel for the applicant reiterated the facts of case and ground taken by applicant in his TA. The facts and grounds taken by the applicant is as follows:

i. That the the petitioner was engaged as Junior Instructor in February, 1989, at I.T.I Basohli, in the pay scale of 900-1830 as per the recommendation of SSRB, by the Deputy Director, Technical Education vide order No. 53 of 1989 dated 07.02.1989 along with the respondent 7 and 8.

ii. That the Govt. of J&K issued orders for termination of all such engagements but the petitioner's service was not terminated as it was a mid session of the concerned trade and he could not have been terminated. The respondents