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2026 Supreme(Online)(CAT) 1450
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative Member
Sudesh Chander – Appellant
Versus
State of Jammu and Kashmir – Respondent
Transfer Application No. 2711/2020
For the Appellants/Petitioners: Mr. H.A. Siddiqui
For the Respondents: Mr. Sudesh Magotra, Ld. AAG
Academic arrangement employees against perennial vacancies entitled to continuation and parity in regularization benefits under 2010 Act, prohibiting arbitrary replacement.
Headnote:The petitioners, engaged as X-Ray Technicians on academic arrangement basis under SRO-384 of 2009 against clear vacancies, seek regularization under Jammu and Kashmir Civil Services (Special Provisions) Act, 2010, challenging exclusion under Section 3(b) as violative of Article 14. Court examined facts of continuous service for six years with extensions, denial of further extension beyond 14.02.2017, and parity with contractual appointees. Findings: Engagement substance is contractual despite nomenclature; petitioners entitled to continuation till seven years and regularization consideration per 2010 Act proviso to Section 5. Issues framed: Whether academic arrangement appointees are excluded from 2010 Act benefits, and if denial of extension/replacement violates equality. Ratio: Doctrine of parity mandates uniform treatment for identically situated employees; replacement by another temporary set impermissible when work persists (following Piara Singh principle); prior Tribunal ruling in O.A. No. 1196/2023 binding, no distinguishing features exist. Transfer Application allowed; respondents directed to extend same relief as in O.A. No. 1196/2023 within twelve weeks, with consequential benefits.
| Table of Content |
|---|
| 1. transfer from high court; seeks regularization under 2010 act. (Para 1 , 2 , 3) |
| 2. petitioners' engagement on academic arrangement; claim contractual parity. (Para 4) |
| 3. rejoinder rebuts; invokes no-replacement doctrine and precedents. (Para 5) |
| 4. undisputed facts; continuing need and satisfactory service established. (Para 6 , 7 , 8 , 9) |
| 5. parity with prior ruling; binding precedent mandates uniform relief. (Para 10 , 11 , 12 , 13) |
| 6. application allowed; extend benefits as per o.a. 1196/2023. (Para 14 , 15) |
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP No.1482017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.2711/2020 by the Registry of this Tribunal.
2. The present matter was filed before the Hon’ble High Court seeking following relief: -
“It is, therefore, most respectfully prayed that keeping in view the submissions made hereinabove and those to be urged at the time of hearing, the Hon'ble Court may very kindly be pleased to issue an appropriate writ, order or direction including in the nature of:-
Mandamus so as to direct and command the respondents to continue the petitioners so as to complete seven years of service and regularize their services in terms of the provisions contained under the Jammu and Kashmir Civil Services (Special Provision) Act, 2010 and pay them regular wages and allow them to work regularly beyond 14-02-2017.
Further declare the provisions of SRO 384 as ultra-vires the constitution to the extent it denies the benefit of regularization to the service of petitioners against the posts held by them treating the service of petitioners as on contractual/consolidated/adhoc basis.
Any other appropriate writ, direction or order as this Hon'ble Court may deem fit and proper in the facts and circumstances may kindly be passed in favour of the petitioners and against the respondents, in the interest of justice.”
3. The facts of the case as pleaded by the petitioners in their pleadings are as follows: -
a) The petitioners are permanent residents of the Union Territory of Jammu and Kashmir and are qualified X-Ray Technicians by profession. They were engaged pursuant to Advertisement Notice No. DIP/J-4815 dated 19.07.2010 issued by the Government Medical College, Jammu, inviting applications for engagement of paramedical staff, including X-Ray Technicians, on academic arrangement basis under SRO-384 of 2009. The petitioners, being fully eligible and qualified, applied for the said posts and were subjected to a duly notified selection process, including interview conducted on 28.10.2010.
b) Upon assessment of merit and suitability, the petitioners were selected and appointed vide Order No. AHJ/3420-24 dated 15.02.2011. Petitioner No.1 was adjusted as CT Scan Technician in SMGS Hospital, Petitioner No.2 in CD Hospital, and Petitioner No.3 in Government Medical College, Bakshi Nagar. Their appointments were against clear and existing vacancies, and they were required to discharge duties of a perennial and essential nature in the radiology departments of the associated hospitals, involving round-the-clock services throughout the year.
c) After completion of the initial term, the services of the petitioners were extended periodically on yearly basis in view of satisfactory performance, continued requirement, and availability of vacancies. Extensions were granted successively for the second year in March 2012, third year in February 2013, fourth year in February 2014, fifth year in March 2015, and sixth year in January 2016. At all material times, the petitioners’ work and conduct were certified as satisfactory by the competent authorities, and there was no allegation of inefficiency or misconduct against any of them.
d) Upon completion of six years of continuous service on consolidated remuneration, the petitioners were informed that no further extension would be granted beyond 14.02.2017, on the ground that SRO-384, as amended, limits academic a
