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2025 Supreme(Online)(CAT) 11733

CENTRAL ADMINISTRATIVE TRIBUNAL
D.S. Mahra, Prasant Kumar, JJ
Mohammad Fahaim Naquishbandi – Appellant
Versus
Commissioner/Secretary to Govt. of J&K Social Welfare Department – Respondent
M.A. No. 865 OF 2023 IN O.A. No. 496/2023



Advocates:
For the Appellants/Petitioners: Mr. Sofi Manzoor
For the Respondents: Mr. Rais Ud Din Ganaie, DAG

The court determined that applicants engaged ad-hoc are entitled to regularization under specific statutory provisions.

Headnote:Under the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010, an applicant engaged as a Junior Assistant on an ad-hoc basis since 24.12.2001 seeks regularization, supported by the Empowered Committee's 2016 recommendation. The Tribunal finds merit in the application and instructs the respondents to formalize the regularization within eight weeks. The issue of delay in issuing orders was crucial in the Tribunal's deliberation.

O R D E R (ORAL)

D.S. MAHRA, MEMBER[JUDL.]

01. Learned counsel for the applicant submits that the applicant was initially engaged as a Junior Assistant on an ad-hoc basis on 24.12.2001 for a period of 89 days. He submits that the applicant is entitled to regularisation of service under the Jammu and Kashmir Civil Services (Special Provisions) Act , 2010, as the Empowered Committee, in its 54th meeting held on 24.02.2016, has already cleared the applicant’s name for regularisation. However, till date, the respondents have not issued any Devendra D D i N g : it a C l = y I N si , g O ne = d P e b r y s o D n e a v l e , n T d = r 5 a 4 T 4 r 8 ip , a O t I h D i .2.5.4.65=

1335902360675164369yr67OOaFf4FUU, Phone=

236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806 , PostalCode=210205, S=Utar pradesh, SERIALNUMBER=

4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi Reason: I am the author of this document order in this regard.

02.Learned counsel for the applicant submits that the applicant was initially engaged as a Junior Assistant on an ad-hoc basis on 24.12.2001 for a period of 89 days. He submits that the applicant is entitled to regularisation of service under the Jammu and Kashmir Civil Services (Special Provisions) Act , 2010, as the Empowered Committee, in its 54th meeting held on 24.02.2016, has already cleared the applicant’s name for regularisation. However, till date, the respondents have not issued any order in this regard.

03.Heard learned counsel for both sides.

04.It is a matter of record that the applicant was initially engaged as a Junior Assistant on an ad-hoc basis on 24.12.2001 for 89 days and was subsequently continued by the respondent department. After the enactment of the Special Provisions Act, 2010, the applicant became entitled to regularisation of service, and his name was duly cleared for the same by the Empowered Committee Devendra D D i N g : it a C l = y I N si , g O ne = d P e b r y s o D n e a v l e , n T d = r 5 a 4 T 4 r 8 ip , a O t I h D i .2.5.4.65=

1335902360675164369yr67OOaFf4FUU, Phone=

236562a5958b9eca99c76e0cd4bf8b9d299d3cc05b5e9e99bdac2e7edc7b4806 , PostalCode=210205, S=Utar pradesh, SERIALNUMBER=

4bac910bd6fb0517c9c605b6139bc94885e3842e98c5f4b67497262309ae27cb, Tripathi CN=Devendra Tripathi Reason: I am the author of this document in its 54th meeting held on 24.02.2016.

05.In view of the recommendation of the Empowered Committee dated 24.02.2016 and the order dated 22.04.2016, the respondents are directed to pass an appropriate order for the regularisation of the applicant’s services in terms of the Jammu and Kashmir Civil Services (Special Provisions) Act , 2010, within a period of eight weeks from the date of receipt of a certified copy of this order, particularly in light of the fact that similarly situated employees have already been regularised by the respondents.

06.With these directions, the O.A. along with the connected M.A. stands disposed of accordingly. There shall be no order as to costs.

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