Contractual teachers' regularization prospective; new pension scheme applies from 2015 date, not initial 2006 appointment.

ORDER

(Oral) Per Hon’ble Mr. M.S. Latif, Member (Judl.):- The case was initially filed before the Hon’ble High Court of J&K in the year 2017 and was later transferred to the CAT Jammu Bench. Pleadings are complete in the matter.

2. By way of filing the instant T.A., the applicants seek the following reliefs: a.

A. Writ of mandamus.commanding the respondents to treat the petitioners regularized to the post of Teacher from the day and date they were selected and appointed as contractual teachers and. the seniority of the petitioners be fixed accordingly. Consequently respondents be directed to give the petitioners the Pensionery benefits and the treatment of old defined scheme as per the Rules which subsisted and» were .in vogue prior to the amendment of Article 167. and associated articles by issuance of SRO. 400 Dated 24-12-2009, further necessary entries be ordered to be carried in the service book of the petitioners be issued in favour of the petitioners and against the respondents.

B. In the alternative the respondents be directed to give effect of regularization not from the day petitioners were regularized but from the day the period for regularization was completed in pursuance of Jammu & Kashmir Civil Services (Special Provisions) Act of 2010 with all consequential benefits.

C. Any other writ, order or direction which this Hon'ble Court deems fit and proper in the facts and circumstances of the case.

3. As stated in the O.A. and submitted by learned counsel for the applicants, Mr. S. M. Ayoub, vide Advertisement Notification (4 No. 01 of 2005 dated 20.06.2005, applications were invited under the J&K Contractual Appointment Rules, 2003, for filling up 276 posts of Teacher in District Pulwama. Being eligible, the applicants applied, got selected, and were appointed as Teachers in the erstwhile District Pulwama. The applicants were initially appointed for a period of one year or till the regular selection was made in accordance with rules. However, the respondents did not make any selection, and the appointment of the applicants got extended from time to time.

4. It is stated in the T.A. that the Government enacted the Jammu & Kashmir Civil Services (Special Provisions) Act, 2010 and in its Section 5, there were conditions for regularization of ad hoc or contractual or consolidated staff. As stated, Section 6 gives powers to the Government.to relax the upper age limit of the ad hoc or contractual or consolidated appointees.

5. Learned counsel for the applicants submits that under Section 10(2) of the J&K Civil Services (Special Provisions) Act 2010, every department has to refer the cases of ad hoc / contractual / consolidated appointees for regularization before the Empowered Committee within a period of sixty (60) days and the same is (5] followed by a 15 days objection period. He submits that the whole process has to be completed within a period of ninety (90) days. Learned counsel for the applicants further submits that the Empowered Committee approved the case of the applicants for regularization on different dates. To this effect, he has also annexed regularization orders dated 12.05.2015 and 11.01.2017 as Annexure E. However, he submits that even after completing seven (07) years of continuous service on 08.05.2013, the services of the applicants have been.regularized w.e.f. 12.05.2015, i.e., from the issuance of their regularization order.

6. It is contended in the T.A. that the Government of J&K issued SRO 400 on 24.12:2009.and the after amendments in J&K Civil Service Rules, Article. 167 of Exception (6) was added. The same reads as under:

(6). The Sta