Long-term contractual workers on essential duties entitled to regularization, salary parity, and arrears despite scheme origins, per equity and Art.14.

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: -

“ i. Allow the instant original application;

ii. Quash the letter no. Edu/Tech/Poly/38/2016 dated 29/09/2016 issued by the respondents whereby the claim of the applicant was rejected, being illegal and bad.

iii. the respondent to regularize the services of the applicant w.e.f from the date when she actually completed her seven years of service i.e. w.e.f 2013 and. also grant all consequential promotion and monetary benefits in favour of the applicant;

iv. Direct the respondent to release the pending salary of the applicant w.e.f April, 2020 to September, 2021;

v. Direct the respondent to pay salary of Rs. 28,000/- per month to the applicant i.e. at par with the similarly situated persons, which is being given to the incumbents appointed on academic arrangement basis and the same must be paid directly from salary head i.e. treasury and not from the pool fund / local fund of the college;

vi. Direct the respondents to include the name of the applicant on NIC portal;

vii. Direct the respondents not to substitute the applicant with any other contractual employee.

viii. Such other additional or alternate relief which this Hon'ble Tribunal, deem appropriate in the facts and circumstances of the case, may also be awarded in favour ofthe applicant.

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

i. The applicant is highly qualified woman possessing Master degree in Computer Application (MCA) and is expertise in the field of Computer Application.

ii. In the year 2001 applicant was appointed as computer instructor on contractual basis in Govt. Polytechnic College for Women under Community Development Scheme and IRG Scheme to train the students under different courses. The applicant was also employed as a guest teacher and she was also engaged in imparting the education of one year diploma course of TVET (DTP) under Human Resource Development Scheme. It is pertinent to mention here that applicant worked hard up to the satisfaction of superiors. In this accord certificate is also issued by the then Principal Govt. Polytechnic College for Women in which it is categorically mentioned that applicant's work and conduct is satisfactory as reported by the HOD concerned. Copy of the certificate issued vide reference F-36/1822 dated 25/05/2005 is enclosed herewith and marked as Annexure-A2. It is pertinent to mention here that the applicant was paid separately as a guest teacher on lecture basis and fixed honorarium @Rs.2000/- per month as computer instructor.

iii. order no. GPW/F-39/332-24 dated 24/04/2006, applicant was also engaged as Hostel Warden in Women Polytechnic College, Jammu for the smooth functioning of Girls Hostel and she was also given the charge of store keeper for the whole hostel. Copy of the order no. GPW/F 39/332-24 dated 24/04/2006 is enclosed herewith and marked as Annexure-A3.

iv. On the basis of the satisfactory performance and tenure of the services of the applicant the case of the applicant was also recommended for regularization vide order no. DTE/POLY/R/101/1633 dated 27/03/2008 and was also recommended to the Secretary Govt. Technical Education for appropriate action under rule, to examine the case was recommended and reverts to the Hon'ble Chief Minister Secretariat for information.

v. Aggrieved by the inaction of the respondent no. 1 to 3 to regularize the services of the