In matters of service regularization, personnel should be granted benefits based on their tenure regardless of subsequently imposed policy changes, to assure compliance with constitutional equality mandates.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 02/2015 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/199/2023 by the Registry of this Tribunal.

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

“(a) MANDAMUS

Declaring ultra-vires, the first & second proviso to Section 5 of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 , to the extent, first proviso provides that regularization of an adhoc/ contractual / consolidated appointee under this Act, who has completed seven years of service as such on appointed date (i.e. on 29-04-2010), shall have effect only date of such regularization, irrespective of the fact that such appointee has completed more than seven years of service on or before the appointed date or from the thereafter, and the second proviso, to the extent, it provides that any ad-hoc or contractual or consolidated appointee, who has not completed seven years service on the appointed day, shall continue as such till completion of seven years and shall thereafter be entitled to regularization under the Act-both the provisos being at variance with the provisions of clause (v) of section 5 of the said Act, as well as, in violation of Articles 14 and 16 of the Constitution, inasmuch as, these provisos to the been used harshly and disadvantage of the petitioner by regularizing the services of the have petitioner w.e.f 20-01-2012, after the regularization of his juniors i.e respondent No. 5.

(b) Mandamus,

commanding and directing the respondents to regularize the service of the petitioner as Safai Walla w.e.f 15-12-2006, the date, the petitioner has completed 07 years of service as consolidated employee, with further direction to release consequential benefits including promotion, pension, and other monetary benefits in favour of the petitioner.

Or in the alternative writ of

(c) Mandamus

Commanding the respondents to regularize the service of the petitioner under the provisions of Government order No.1285-GAD of 2001 dated 06- 11-2001, w.e.f. the date, the petitioner has completed seven years of service as consolidated paid employee i.e. w.e.f 15-12-2006, with further direction to release consequential benefits including promotion, pension and monetary benefits in favour of the petitioner.

(d) Mandamus,

commanding and directing the respondents to fix the service pension of the petitioner, taking the petitioner as if he were regularized on 15-12- 2006, with further direction, to release arrears of service pension in favour of the petitioner.

Or in the alternative writ of

(e) Mandamus,

Commanding and directing the respondents to regularize the services of the petitioner w.e.f. the date, private respondents No. 5 was regularized.

(f) Mandamus,

Commanding and directing the respondents to release the arrears of salary in favour of the petitioner, fixed on the basis of Sixth Pay Commission Report, with effect from the date, Performa respondent No. 5 and 6 have been granted such benefit

(f) ANY other writ, order or direction which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case.”

3. The facts of the case as averred by the petitioner in his pleadings are as follows:

a) That the petitioner was initially engaged in September 1984, as Part Time Safai Karamchari- P.T.S at Medical Aid Centre- MAC Chakra Bhatti, Tehsil Bhaderwah, District Doda and vide order No. Est 3/Consolidated/9180-81 dated 15-12-1999, was promoted as Consolidate paid Safaiwala, against a clear vacancy at AD Shamthi, Block Assar, Tehsil and District Doda.

b) That private respondents Nos. 5 was also initially