Regularization of temporary employees after five years of continuous service is a right supported by legal precedents.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 2580/2013 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/120/2024 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

“It is, therefore, respectfully prayed that writ petition may kindly be accepted by issuing the writ of mandamus commanding the respondents to regularize the services of the petitioners on permanent basis as Junior Engineers at least w.e.f. the date they have completed five years of service with all consequential benefits, With A further writ of mandamus and prohibition restraining the respondents from dis-engaging them in any manner whatsoever.

Costs of the petition with such other additional or alternate relief which this Hon'ble court may in the facts and circumstances of the case deem fit and proper be also awarded to the petitioners.”

3. The brief facts of the case are that

(a) in order to universalize the Elementary Education in the country, the Sarva Shiksha Abhiyan (SSA) Scheme was launched. The main goal of the aforesaid scheme was to provide access the elementary education to every child in the age group of 6 to 14 years.

(b) In order to achieve the aforesaid goal, schools in large numbers were sanctioned and opened almost in every Mohra/hamlet/ward in the country. Under the aforesaid SSA Scheme, teachers were appointed on Rehbar-e-Taleem pattern. The selection of the Rehbar-e- Taleem teachers was being made on village level basis (merit). The Rehbar-e- Taleem teachers were initially being paid Rs. 1500/- per month which was subsequently enhanced to Rs. 3000/- per month. After completing five years of service, the Rehbar-e-Taleem teachers were being absorbed and made permanent as General Line Teachers.

(c) In order to achieve the aforesaid goal of universalizing Elementary Education, new schools were to be established and existing schools were upgraded. For that purpose, massive investments for school infrastructure were made. For that purpose, following civil works were required to be done:-

(i) Buildings for Middle Schools,

(ii) Buildings for block resource centers,

(iii) Buildings for Primary Schools,

(iv) Buildings for Additional class rooms,

(v) Drinking water and toilet facilities,

(vi) Buildings for CRC (Cluster Resource Centers) etc.

(d) Earlier the civil works in education department were being given either to Public Works Department or Rural Development Department. The said Departments have their own engineering wing. The said Departments used to put the said works to tender. The said system and procedure was not workable in as much as the construction of the said civil work were not only expensive but also often got delayed.

(e) That after launching the Rehbar-e-Taleem and Sarva Shiksha Abhiyan Schemes, it was thought fit and proper that the education department should have its own Engineering staff so that the aforesaid civil works in the department should be expedited and completed within the time frame.

(f) That initially, the Government made engagement of unemployed Civil Engineers for supervision of civil works against 2% cost of each building, but the said system did not prove viable. After thorough discussions at various levels, the respondents sanctioned and created posts of Engineers on State, District and Block (Zonal) levels for supervising the civil works undertaken under Sarva Shiksha Abhiyan. Accordingly, the system of supervision by unemployed Engineers was dispensed with by the end of February, 2005. After February, 2005, the r