Delayed regularization arbitrary and discriminatory under Articles 14 & 16; uninterrupted officiating service counts for promotion eligibility.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.391/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.209/2023 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

“It is, therefore, humbly prayed that the relevant record may kindly be called for, and the communication of the Under Secretary to the Government, Revenue Department, No. Rev/ Gaz/22/2014 dated 17 May 2016, quashed, and the petitioner declared to have been appointed Naib Tehsildar in substantive capacity with effect from 28 April 2000 and Tehsildar with effect from 7 December 2007, and the concerned respondents directed to treat him as regular Naib-Tehsildar, appointed on substantive basis, with effect from 28 April 2000, the date on which he was assigned to discharge the duties of the said post by the order of the Financial Commissioner, No. FC (A) 340 of HARSHIT 2000 dated 8 May 2000, read with his earlier order, No. FC (A) 339 of 2000 dated 28 April 2000, and the order of the Financial Commissioner No. FC (A) 108 of 2007 dated 30 May 2007 deemed and treated as bad and invalid to the extent of the date of his regularization on the said post directed therein, being 1 January 2007, and to make it effective from 28 April 2000, and further the former treated as substantive Tehsildar on regular basis against a clear vacancy, with effect from 7 December 2007, the date on which he was appointed to hold the charge of that post by the Government order, No. REV(Gaz)-398 of 2007 dated 7 December 2007, and pecuniary benefits, including pension accordingly granted to him. Any other writ, order or direction that this Hon. Court may deem just, fit and proper in the facts and circumstances of the present case may also be granted.” 

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

a) The present Transfer Application arises out of SWP No. 391/2017, originally filed before the Hon’ble High Court of Jammu & Kashmir at Jammu and transferred to this Tribunal upon its constitution. The applicant, Sh. Subash Chander, seeks redressal against denial of regularization and consequential service and pensionary benefits in the cadres of Naib Tehsildar and Tehsildar, despite having continuously discharged duties on both posts for substantial periods.

b) The applicant entered government service as a Patwari pursuant to an order dated 28.12.1973 and served in that capacity from 29.12.1973 to 04.04.1979. Thereafter, upon approval of the Divisional Departmental Promotion Committee, he was promoted as Girdawar vide order dated 14.06.1994. He continued to serve as Girdawar until April 2000.

c) By order dated 28.04.2000, issued by the Financial Commissioner (Revenue), several Girdawars, including the applicant, were assigned the duties of Naib Tehsildar on a stop-gap basis against available vacancies, pending filling up of posts by direct recruitment or substantive promotion. Due to an inadvertent omission of the applicant’s name in the annexure, a corrigendum dated 08.05.2000 was issued, whereby the applicant’s assignment as In-charge Naib Tehsildar stood related back to 28.04.2000.

d) The applicant continued to function uninterruptedly as Naib Tehsildar from April 2000 onwards, discharging full duties of the post to the satisfaction of the department. He had already passed the requisite departmental examination and possessed higher academic qualification