One-time regularization under the 2010 Act applies to ad hoc/contractual posts with seven years of service on the appointed day, and rights are preserved despite repeal/adaptation; long service cannot be displaced by improper recruitment.

ORDER

The instant petition was initially filed before the Hon’ble High Court of Jammu and Kashmir, and later on it was transferred to this Tribunal, and the petitioner had sought the following reliefs: -

“i. Writ of certiorari quashing advertisement notice issued under endorsement no DDJ/Aca/12/1506-26 dated 28-06-2012 and published in daily newspaper namely Kashmir times in its issue dated 30-6-2012 to the extent it directs notification of the post of Instructor in cutting and sewing trade at Industrial training Institute, Basholi at serial no.11 of the said advertisement notice;

ii. Writ the of mandamus commanding respondents to process her case for her regularization in terms of the provision of the Jammu and Kashmir Civil Service (Special Provision) Act 2010 and till completion of her requisite period of seven year allow the petitioner to continue to discharge her duties as Instructor sewing and cutting at Industrial training Institute (ITI) Basholi held by the petitioner since 2006 on consolidated basis;

iii. Writ of prohibition restraining the respondents from making any appointment/engagement against the post of Instructor sewing and cutting in Industrial Training Institute Basohli held by the petitioner since 2006 by any mode i.e. by regular selection or by adjustment of any other person i.e. adhoc or regular basis;

Any other interim or final relief which this Hon’ble Court may deem just and proper in the circumstances of the case.”

2. Being aggrieved the applicant had initially invoked the writ jurisdiction of the Hon’ble High Court by way of filling SWP 1576/2012 seeking quashment of advertisement notice issued RAJAT under endorsement no DDJ/ACA/12/1506-26 dated 28-06-2012 to the extent the same directs notification of the post Institute, Basholi at serial no. 11, with further prayer for commanding the respondents to process her case for the regularization in terms of the provision of the Jammu and Kashmir Civil Service (Special Provision) Act 2010 and till completion of her requisite period of seven year allow the applicant had also sought her continuation for discharge her duties as instructor sewing and cutting at Industrial training institute ITI Basholi held by the petitioner since 2006. The applicant had also sought restraint against the respondents from making any arrangement/engagement against the posts of instructor sewing and cutting in Industrial Training Institute Basohli, held by her since 2006 by any mode i.e. by regular selection or by adjustment of any other person i.e. adhoc or regular basis.

3. Briefly stated, facts of the case as averred in the TA are that the applicant in view of her being eligible in all respects and having responded to notification no ITI/BAS/2006/113-15 dated 04-09-2006 issued by the respondent no.5 inviting applications from the permanent resident of District kathua for the post of the Instructor of Cutting and Sewing Trade on consolidated basis at the rate of Rs 2500 per month in ITI Basholi, vide order vide no ITI/BAS/2006/138-40 dated 25-09-2006 issued by the respondent no.5 came to be engaged as Cutting and Sewing Instructor on a consolidated pay of rupees 2500 per month initially for 59 days and submitted her joining report on 25-09- 2006 itself before respondent no.5 which was accordingly accepted.

4. The aforesaid period has been further extended and the respondent no.4 vide order/communication no.-DDJ/2009/504- 06 dated 10-09-2009 had also directed for the enhancement of the wages of the applicant from rupees 2500 to 4000 per month so as to bring her at par with the instructor working on contractual basis, and thus the applicant since the date of her engagement and consequent joining on 25-09-2006 till the date of filing of the writ petition before the Hon’ble High Court was, and till date is continuously discharging her duties and drawing her salary/wages against post of the Instructor cutting and sewing ITI Basholi.

5. Learned Counsel for the applicant submits that the applic