The right to regularization is a statutory right based on continuous service, and government departments must ensure fair employment practices.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

The instant Original Application has been filed by the applicants under Section 19 of Administrative Tribunals Act , 1985 making therein the following reliefs: -

“i. Quashing the Government order No. 610-Home of 2019 dated 14-6-2019 issued by respondent No. 1 in so far as and to the extent the applicant has been regularized prospectively from the date of passing of the said order.

ii. Directing the respondents to regularize the services of the applicant with effect from 28-3-2008 ie. the date when he has/had completed his 7 years of service in terms of Govt Order No. 1285-GAD of 2001 dated 6-11-2001, with all consequential benefits ie. arrears of pay, seniority etc.

iii. Alternatively the applicant prays for the following reliefs:-

a) Direction to the respondents to regularize the services of the applicant with effect from 28-3-2008 ie the date the applicant completed his 7 years of service, in terms of Govt order No. 432-Home of 2019 dated 22-4-2019, issued by respondent No. 1, by virtue of which, one Sh. Shabir Ahmed, who was/is similarily situated person, has been regularized with effect from 30-10-2007, with all consequential benefits including arrears of pay, seniority, pension etc, or

b) Direction to the respondents to regularize the services of the applicant with effect from 27-9-2010 in terms of the J&K Civil Services (Special Provisions) Act, 2010 read with judgment passed by the Division Bench of the Hon’ble High Court in case titled Rabia Shah Vs State of J&K and others reported in 2017 (1) JKJ 490 (HC).

iv. Direction to the respondents that after regularizing the services of the applicant retrospectively, the services of the applicant be governed by the old pension Scheme.

2. The applicant was initially appointed as a daily wager in the Plumbing Section of District Jail, Jammu, for a period of 89 days, with effect from 2-4-2001, vide order No. 150 of 2001 dated 28-3-2001. Subsequently, his appointment was treated as adhoc/daily wager in pursuance of the direction given by the respondent No. 2 vide letter No. Esst/1077-IV/9460 dated 29-1-2002, and Govt order No. 1285-GAD of 2001 dated 06-11-2001.

3. The applicant has been continuously performing his duties without any break since his initial appointment. He has also acquired various qualifications, including a degree in 1998 and a diploma in Plumbing from Govt Polytechnic College, Jammu (Boys). He belongs to the Schedule Caste Category.

4. The applicant’s services were not regularized, despite his eligibility, and he was not given the benefits of regularization. The applicant filed a writ petition before the Hon’ble High Court of J&K and Ladakh at Jammu, which was disposed of vide judgment and order dated 23-3-2018, with a direction to the respondents to take a decision in the matter by regularizing the services of the applicant.

5. The applicant has claimed parity with Sh. Shabir Ahmed, who was regularized as a Class-IV employee in the Prison Department, notionally with effect from 30-10-2007, and regularly with effect from the date of passing of the order of regularization dated 22-4-2019. The applicant has submitted that his case is similarly situated with that of Sh. Shabir Ahmed, and therefore, he is entitled to regularization with effect from 28-3-2008, i.e., the date when he completed his 7 years of service.

6. The counsel for the applicant has submitted that the applicant’s services were not regularized, despite his eligibility, and he was not given the benefits of regularization. The counsel has further submitted that the applicant’s case is similarly situated with that of Sh. Shabir Ahmed, and therefore, he is entitled to regularization with effect from 28-3-2008.

7. The counsel for the respondents has submitted that there is no provision for grant of retrospective regularization under the J&K Civil Services (Special Provisions) Act, 2010. The counsel has further submitted that the applicant’s services were regularized