Judicial orders for service regularization must be implemented strictly without reinterpretation or prospective dilution.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.969/2013 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.991/2020 by the Registry of this Tribunal.

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

a) “to quash order No. 484-E of 2012-13 dated 06-03-2013 issued by respondent No.3, Chief Engineer by which the Chief Engineer engaged the petitioner as Daily wager instead of regularizing the services of the petitioner as completing seven years of service because the petitioner is working as Daily wager since 1988, by issuance of writ of certiorari;

b) to issue directions to the respondents to consider the case of petitioner for regularization of his services on the post of Safai Karamchari (Sweeper) on which the petitioner is working since, 1988, from the date the petitioner has completed seven years of continuous service, by issuance of writ of mandamus;

c) to issue directions to the respondents to give consequential benefits of regularization to the petitioner retrospectively with effect from the date the petitioner has completed his seven years service and to give similar treatment to the petitioner as has been given to the other similarly situated persons, by issuance of writ of mandamus;

d) to issue directions to the respondents restraining them to implement order No. 484-E of 2012-13 dated 06-03-2013 issued by respondent No.3, Chief Engineer by which the Chief Engineer engaged the petitioner as Daily wager instead of regularizing the services of the petitioner as completing seven years of service because the petitioner is working as Daily wager since 1988, by issuance of writ of prohibition;

e) to declare order No. 484-E of 2012-13 dated 06-03-2013 issued by respondent No.3, Chief Engineer by which the Chief Engineer engaged the petitioner as Daily wager instead of regularizing the services of the petitioner as completing seven years of service because the petitioner is working as Daily wager since 1988, as ultra virus, illegal, arbitrary, unconstitutional, unjust and contrary to the provisions of law and Rules and against the provisions of principles of natural justice, by issuance of writ of mandamus; OR f) to issue any other writ, order or directions which the Hon'ble Court may deem just and proper in the facts and circumstances of the case in favour of the petitioner and against the respondents with costs.”

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

a) The applicant, namely Rokhs John alias Rakesh John, claims to be a permanent resident of the erstwhile State of Jammu and Kashmir and asserts entitlement to the protection of constitutional, legal, and statutory rights. According to the applicant, he was initially engaged in the month of December, 1988 as a Safai Karamchari (Sweeper) in the department of the respondents and has continuously been discharging duties ever since. It is the specific case of the applicant that he has been working uninterruptedly against a clear vacant post, that his engagement was extended from time to time, and that he performed his duties honestly and efficiently to the satisfaction of the departmental authorities.

b) It is further averred that the applicant completed seven years of continuous service in December, 1995, thereby becoming elig