Prolonged PPP contractual service on perennial government posts attracts Arts. 14, 16 protections; mandates continuity, equal pay till regularization.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2379/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.1768/2020 by the Registry of this Tribunal.

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

a) To issue directions to the respondents to consider the case petitioners for regularization against the posts of Vocational Instructor (Mechanical Hardware), Vocational Instructor (Mechanic Motor Vehicle) and Plumber Instructor currently held by petitioners at respective Industrial Training Institutes i.e. ITI Bhadarwah and ITI Ramban as the petitioners are working and posted against the substantive posts and are entitled for regularization under the provisions of Constitution enshrined in Article 14 and 16 and Article 311(2) of Constitution of India corresponding to Section 126(2) of the Constitution of Jammu and Kashmir and to give and extend all the service benefits to the petitioners including salary, allowances promotional prospects as well as tenure of service to the petitioners as has been guaranteed to regular appointees who are performing the same duties and having the same responsibilities as the petitioners are performing by issuance of writ of Mandamus.

b) To issue directions to the respondents restraining them to disengage or dispense with the services of the petitioners which the petitioners are performing in Industrial Training Institute Bhadarwah and Ramban against the posts of Vocational Instructor (Mechanical Hardware), Vocational Instructor (Mechanic Motor Vehicle) and Plumber Instructor held by the petitioners by issuance of writ of Mandamus;

c) To issue directions to the respondents no. 2 to 6 commanding them to treat the petitioners as regular employee of respondents no. 7& 8 and to admit the petitioners to all service benefits including salary equal to the regular employees as the petitioners are performing the same duties and having the same responsibilities under the provisions of doctrine of Equal Pay for Equal Work and to place the petitioners at proper place in the seniority list by issuance of writ Mandamus; AND OR Any other writ, order or directions which the Hon'ble Court maydeem just and proper in the facts and circumstances of the case maykindly be passed in favour of the petitioner and against the respondents with cost.

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

a) The applicants, namely Faizan Rehmatullah, Imtaz Ahmed, and Mohd. Ajaz Batt, approached the Hon’ble High Court of Jammu & Kashmir by way of SWP No. 2379/2019, which upon transfer stood registered as TA No. 1768/2020 before this Tribunal. The applicants claim to be aggrieved by the non- regularization of their services and denial of salary and service benefits allegedly payable to regular employees, despite their long engagement as Vocational Instructors/Plumber Instructor in Government Industrial Training Institutes at Bhadarwah and Ramban.

b) It is the case of the applicants that they possess the requisite technical qualifications for the respective trades and were engaged under the Public Private Partnership (PPP) mode through the Institute Management Committees (IMCs) of Government ITIs. Applicant No.1 was engaged as Vocational Instructor in Computer Hardware/Mechanical Hardware at ITI Bhadarwah vide order dated 03.11.2015; Applicant No.2 was engaged as Vocational Instructor (Mechanic Motor Vehicle) vide order dated 15.03.2014; and Applicant No.3 was engaged as Plumber Instructor at ITI Ramban vide order dated 19.10.2012. The applicants assert that their engagement followed a selec