Long-term continuous service entitles an employee to regularization regardless of whether they are labeled as "consolidated paid" or "daily rated," as artificial classifications cannot be used to defeat beneficial legislation like SRO-64 of 1994.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a) “Allow the instant application of the applicant along with costs.

b) Direct the respondents to regularize and appoint the applicant in regular pay scale of Class IV strictly in accordance with J&K Daily Rated Workers/Work Charge Employees Regularization Rules, 1994 w.e.f. the date of completion of seven years continuous service;.

c) Direct the respondents to release all consequential benefits including time bound promotions/Regular promotions as would follow in favour of the applicant after his regularization against the Class-IV post in accordance with J&K Daily Rated Workers/Work Charge Employees Regularization Rules, 1994 w.e.f the date the applicant had completed seven years of continuous service as daily wagers;

d) Direct the respondents to treat the applicant as having been regularly appointed for the purpose of applying him the Old Pension Scheme, which was prevalent prior to the issuance of SRO 400 dated 24.12.2009 and accordingly fix his pay and salary and compute his emoluments and other service benefits;

e) Any other relief which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case may also be granted in favour of the applicant and against the respondents.”

2. The facts of the case as averred by the applicant in his pleadings, are as follows: -

a) The applicant, Bansi Lal, claims to have been engaged on consolidated wages in the year 1989 by the then Director, Libraries, Jammu and Kashmir, and was posted in the Public Reading Room, Khour. According to the applicant, he has been continuously discharging duties akin to a Class-IV employee since his initial engagement and has remained in service without interruption for more than three decades.

b) Aggrieved by non-regularization of his services, the applicant approached the Hon’ble High Court of Jammu and Kashmir by filing SWP No. 1125/1994. The said writ petition was disposed of on 07.04.1998 with a direction to the respondents to consider his claim. In purported compliance thereof, the Deputy Director, Libraries, vide order dated 08.01.1999, adjusted the applicant as Library Bearer in the pay scale of Rs.2550–3200, subject to clearance by the Departmental Promotion Committee, and he was posted in S.R.S. Library, Jammu.

c) Subsequently, the said adjustment was reversed by the Director, Libraries, vide order dated 29.07.1999, restoring the applicant to his earlier status. This led to another round of litigation, wherein the applicant, along with similarly situated persons, challenged the reversal order before the High Court in SWP No. 1746/1999. The writ petition was disposed of on 30.03.2001 with a direction to afford an opportunity of hearing before reversing such orders.

d) Thereafter, vide order dated 21.05.2001, the applicant was again directed to work on consolidated basis at his original place of posting, with an assurance that his case for appointment as Class-IV would be considered as and when a vacancy became available. Dissatisfied with the continued non-consideration, the applicant again approached the High Court in SWP No. 1172/2001, which was disposed of on 03.11.2001 directing reconsider