The principle that consolidated employees cannot be denied regularization under specific statutory conditions was established.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No. 489/2011 & 1933/2018 & 112/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.6287/2021 & 8555/2020 & 920/2020 respectively by the Registry of this Tribunal.

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

1. TA/6287/2021 CERTIORARI

a) Writ of Certiorari so as to set aside and quash the Advertisement Notice 01 of 2011 dated 31-01-2011 issued by respondents 1 and 2 to the extent it refers the post held by the petitioners to the SSRB for regular selection.

b) Writ of Mandamus directing the respondents to consider the cases of the petitioner for regularization in terms of Jammu and Kashmir Special Provision Act 2010 treating the post held by them as deemed to have been withdrawn and treating the petitioner as consolidated/contractual employees and submit their cases to the empowered committee in terms of Section 10 of the Jammu and Kashmir Civil Services (Special Provisions) Act 2010 for regularization with all consequential benefits treating their posts to have been withdrawn from the purview of Board by declaring Section 3 (b) of J&K Special provision Act 2010 as Illegal and violative of Article 14 of the Constitution of India.

PROHIBITION

c) Your lordships may further be pleased to issue writ in the nature of prohibition restraining the respondents from terminating the services of the petitioners or giving any break in the service of the petitioners pending disposal of the writ petition and further pay the petitioners salary at par with other Instructor appointed on contract/ regular basis on the principle of equal wages for equal work.

d) Any other order, which this Hon'ble Court may deems fit and appropriate in the facts and circumstances of the case may also very kindly be passed in favour of the petitioner.

2. TA/8555/2020

Mandamus

a) Writ of Mandamus directing the respondents to allow the petitioner to continue till they complete 7 years of service and thereafter consider the cases of the petitioner for regularization in terms of Jammu and Kashmir Special Provision Act 2010 treating the post held by them as deemed to have been withdrawn and treating the petitioner consolidated/contractual employees and submit their cases to the empowered committee in terms of Section 10 of the Jammu and Kashmir Civil Services (Special Provisions) Act 2010 for regularization with all consequential benefits.

PROHIBITION

Your lordships may further be pleased to issue writ in the nature of prohibition restraining the respondents from terminating the services of the petitioners or giving any break in the service of the petitioners pending disposal of the writ petition and further pay the petitioners salary at par with other Instructor appointed on contract/ regular basis on the principle of equal wages for equal work.

Any other order, which this Hon'ble Court may deems fit and appropriate in the facts and circumstances of the case may also very kindly be passed in favour of the petitioner.

3. TA/920/2020

a) Mandamus commanding the respondents to consider the case of petitioner for regularization within a time span and consequently issue formal order of regularization in favour of petitioner as Instructor/ Computer Operator and Programming Assistant (COPA) at ITI Sunderbani District Rajouri with all pecuniary service benefits with retrospective effect from October, 2013 onwards.

b) Prohibition, restraining the respondents from disturbing the service of the petitioner in any manner;

c) Any other relief which this Hon'ble court may deem