ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2170/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.3675/2020 by the Registry of this Tribunal.

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

a) Writ of certiorari for quashment of proviso (i) to sub section 5 of Jammu and Kashmir Civil Services (Special Proviso NS) Act, 2010 dated 29-04-10, which provides that regularization of eligible Adhoc, contractual or consolidated appointees shall have the effect only from the date of such regularization irrespective of the fact that such appointees may have rendered more than 7 years of service before the commencement of the aforesaid Act, adversely effecting and abridging the legal and constitutional rights of the petitioner for regularization of his services from the date he had completed 7 years of service or immediately thereafter as adhoc employee but whose services has been regularized w.e.f. 20-09-2012 vide Govt. order No. 569-HME of 2012 dated 20-09-2012 ignoring 19 years of regular services of the petitioner rendered to the respondent/ state being illegal, unconstitutional and arbitrary, resulting in the abridgment and violation of legal and constitutional rights of the petitioner. The proviso impugned and the order dated 20- 09-12 has been made with a deliberate attempt to deprive the petitioner from his pensionary and other consequential service benefits accruing under the ordinary service regulations/rules and with a view to bringing the services of the petitioner within the ambit of SRO 400 dated 24-12-2009, providing that employees appointed or brought on regular establishment on or after 01-01-2010 shall not be entitled to the benefits under the already existing/in force ordinary pension rules.

b) Writ of certiorari for quashment of Govt. orders no. 569-HME of 2012 dated 20-09-2012 passed by respondent no. 2, to the extent it provides that the petitioner shall be on probation for a period of two years and also that the petitioner/ appointee shall be governed by the proviso n of SRO 400 of 2009 dated 24-12- 2009, being illegal, unconstitutional and violative of the rights of the petitioner for his regularization on the completion of seven years of his adhoc services much earlier to coming into force of SRO 400 of 2009.

c) Commanding and directing the respondents to regularize the services of the petitioner from the date the petitioner had completed seven years of his services on the analogy of regularization of a considerable number of adhoc employees who had been similarly situated with the present petitioner but was regularized much earlier during the years 2001 to 2008 and who having been constituting one class with the petitioner has been treated differently and had been blessed with early regularization and with the regular pensionary benefits provided under ordinary pension rules resulting in a serious discrimination against the petitioner, in serious violation of the constitutional mandate as enshrined under Article 14 of the Constitution.

d) Commanding and directing the respondents to bring the regularization of the petitioner within the ambit and purview of Govt. order 1285-GAD of 2001 dated 06-11-2001 based on the principle of law laid down by Hon'ble Apex court in AIR 1992 SC State of Haryana Vs Piara Singh followed by judgment of Hon'ble J&K High court in SWP No. 283/94 and to treat the petitioner to has been regularized from the date of completion of his seven years of service respectively or soon thereafter and beheld entitled to all the consequential benefits/back wages from the date of deemed regularization and the pensionary benefits under the ordinary pension rules at par with such regularized adhoc employees as had been appointed along with the petitioner and was similarly situated with the petitioner but was regularized prior to coming into force of SRO 400 of 2009.

e) Commanding and directing