Employee from an autonomous body, treated as regular for years, is entitled to permanent absorption in the government department, fulfilling natural justice principles.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant had filed two separate writ petitions before the Hon’ble High Court of Jammu & Kashmir at Jammu, bearing SWP No. 1624/2014, and SWP No. 2057/2015, based on substantially similar facts and grounds in both the petitions, the applicant has sought the following relief:

TA No. 2568/2020

a) Direct the respondents to issue formal order directing permanent absorption of the petitioner in Animal Husbandry Department in view of the facts and circumstances set out in the instant petition and also on the analogy of the employees of Milk Federation Cooperative Society by taking it to consideration that the petitioner has already been declared as quasi permanent and has been granted the benefits of 6th pay commission by the Animal Husbandry Department alongside he is also contributing towards the GP Fund account.

b) Issue any other order or direction as this Hon'ble court may deem fit and proper in the facts and circumstances of the present case.” TA 2578/2020 a) writ of certiorari quashing Government order No: DAHJ/ADM/2413-16 dated 27.6.2015 (Annexure O) with this writ petition or any other action initiated in pursuance to this order or enquiry proceedings.

b) Any other relief, writ order or direction, not specifically prayed for and which the Hon'ble Court may deem fit and proper in the given facts and circumstances of the case may also be granted/issued in favour of the petitioner herein”.

2. Since the facts pleaded in both the petitions are substantially similar and the reliefs claimed are identical, we propose to dispose of both petitions jointly through this common judgment and order.

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

a) The petitioner is a permanent resident of the erstwhile State of Jammu & Kashmir and initially joined JAKFED (J&K Cooperative Supply and Marketing Federation Ltd.) as a Cleaner in 1989 in the pay scale of Rs. 745–1025/-. JAKFED, being under pervasive governmental control, is treated as ‘State’ under Article 12 of the Constitution.

b) The petitioner was promoted to the post of Driver on 12.10.1994 and thereafter placed in revised pay scales from time to time, including Rs. 4000–6000/-, and later basic pay of Rs. 5100/- w.e.f. 01.10.2006. His service book entries reflect continuous, satisfactory service.

c) In February 2007, JAKFED declared ten posts of Drivers as surplus. The petitioner was one of the surplus employees. Vide communication No. 568 dated 22.02.2007, JAKFED forwarded his case for adjustment/absorption in a Government Department, including the State Motor Garages Department.

d) Acting upon the said recommendation, the Government issued Order No. 1171-GAD of 2007 dated 05.10.2007, placing the petitioner’s services at the disposal of the Animal Husbandry Department. Although the word “deputation” was used, the originating communication from JAKFED clearly showed that the petitioner’s case was forwarded for permanent adjustment/absorption, and not deputation.

e) Pursuant to the order, the petitioner joined the Animal Husbandry Department on 15.10.2007, and on 16.11.2007 he was adjusted against a clear, regular vacancy of Driver in the Artificial Breeding Station, Jammu.

f) After his adjustment, the petitioner was treated as a regular employee of the department:

• He was granted in-situ promotion vide order dated 08.01.2008 with retrospective effect.

• His pay was refixed and his service book was duly authenticated.

• He was allotted a new GPF account, monthly deductions were made from salary, and his earlier CPF account in JAKFED was closed.

• An amount o