Regularization of ad-hoc employees cannot be applied retroactively, and compliance with statutory requirements is essential.

ORDER

Per Hon’ble Mr. Prasant Kumar, Member (Admn.)

The instant TA No. 1790 of 2021 was filed as SWP No. 2139 of 2014 and vide Hon’ble High Court of Jammu and Kashmir order dated 4.9.2020, the case was transferred to Central Administrative Tribunal (CAT), Jammu Bench. The case was first listed before this Bench of CAT on 1.12.2021.

2. The petitioner is aggrieved of her non-regularisation in the service with retrospective effect. In the instant TA petitioner has prayed for the following reliefs in the nature of :-

“(i) Certiorari, Quashing Govt. Order No.No.143-EDU of 2008 dated 18-03-2008.

(ii) Certiorari, Quashing the Govt. order No.1043-EDU of 2013 dated 27-12-2013, so far as it takes away the right of the petitioner i.e. retrospective effect of regularization as per J&K Civil Services [Special Provisions] Act 2010.

(iii) Mandamus, Commanding the respondents to produce record of all the regularization orders issued in pursuance of Govt order No.1285 GAD of 2001 dated 06-11-2001.

(iv) Mandamus, Commanding the respondents to regularize the services of the petitioner with all consequential service benefits including the pensionary benefits with effect from 06.11.2001 strictly as per Government Order No. 1285-GAD of 2001, dated 6.11.2001”

Or in the alternative Mandamus, commanding the respondents to regularize the services of the petitioner with effect from April, 2010 as per J&K Civil Services (Special Provisions) Act, 2010.

Any other writ / order or direction that this Hon’ble Court may deem fit and proper under the circumstances of the case be also passed in favour of the petitioner and against the respondents.

3. The brief fact of the case as narrated by the learned counsel for the petitioner is as under:-

(i) The petitioner had applied for the post of Teacher in District Kupwara in the year 1988. When the petitioner was not selected, despite best performance, she filed a writ petition before the Hon’ble High Court of J&K and vide Hon’ble Court’s order dated 26.05.1988, the petitioner was appointed as Teacher on ad-hoc basis on 22.08.1989 despite the fact that post was available with the respondents but the same was withdrawn from Service Selection Recruitment Board.

(ii) The writ petition was finally decided by the Hon’ble High Court on 05.10.1998 with the direction to respondents to consider the case of the petitioner for regularization as per SRO-64 of 1994 and to pass orders within three months.

(Annexure – C)

(iii) Order of the Hon’ble High Court was served to the respondents but, in the meanwhile, respondents issued Government Order bearing No.1285 GAD of 2001 dated 06.11.2001 (Annexure – D) on the basis of direction of Hon’ble High Court for the regularization of ad-hoc employees who are similarly situated persons.

(iv) After delay of more than a decade, the respondents have decided the case of the petitioner but she was not given the same relief in terms of order bearing No.143-EDU of 2008 dated 18.03.2008 as has been given to the similarly situated candidates (Annexure – F).

(v) The petitioner approached the respondents and she was given assurance by the respondents that her case will be re-examined, but in the meanwhile respondents have issued another SRO called as J&K Civil Services [Special provisions] Act, 2010 by which services of all the candidates who have been appointed on ad- hoc/consolidated/contractual basis were regularized but the services of the petitioner was not regularized (Annexure – G).

(vi) Petitioner has been working since 1989 on ad-hoc basis and despite Government order dated 06.11.2001 to regularize the daily rated workers / ad-hoc appointees, engaged prior to 31.01.1994, after seven years of continuous