(RESERVED)

Hearing through video conferencing

ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a) Order No.26-DSWJ of 2019 dated 25.01.2019 passed by respondent no.2 rejecting the case of the applicant for retrospective regularization and grant of all retrospective consequential benefits including benefit of Old Pension Regulations, may Kindly be quashed.

b) Government order no.257-SW' of 2017 dated 19.08.2017 to the extent it regularizes the services of the applicant prospectively instead of retrospectively, may also kindly be quashed.

c) Appropriate directions may kindly be issued to the respondents to regularize the services of the applicant retrospectively w.e.f. the date she completed 7 years of service and grant her all retrospectively consequential benefits including arrears of salary, allowances, seniority, promotion and benefit of Old pension Regulations.

d) Any other relief, which this Hon'ble Court in the facts and circumstances of the case may also kindly be passed in favour of the applicant.

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

a) The applicant, Smt. Shamim Begum, was initially appointed as Craft Teacher in the Social Welfare Department on 11.12.1991 on adhoc/stop-gap arrangement. She continued to discharge her duties as such without interruption and to the satisfaction of the Department till her superannuation on 31.08.2017.

b) It is the case of the applicant that despite rendering long and continuous service, her claim for regularization was not considered within a reasonable time, although similarly situated employees, appointed either along with her or even subsequent to her, were regularized much earlier. According to the applicant, this amounted to hostile discrimination and arbitrary treatment at the hands of the respondents.

c) The services of the applicant were ultimately regularized vide Government Order No. 257-SW of 2017 dated 19.08.2017 as Craft Teacher in the pay scale of Rs. 5200-20200 with Grade Pay of Rs. 2400/-, against an available post. However, such regularization was made only prospectively and in relaxation of the upper age bar by 19 years, 04 months and 07 days, in terms of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010.

d) Aggrieved by the prospective regularization, the applicant submitted a representation dated 28.08.2017 before respondent No. 2 seeking grant of retrospective regularization from the date she completed seven years of service, along with all consequential service benefits, including seniority, promotion, monetary benefits and benefits under the Old Pension Regulations.

e) As the said representation was not decided, the applicant approached the Hon’ble High Court of Jammu and Kashmir by filing SWP No. 2389/2017 titled Shamim Begum v. State of J&K and others. The Hon’ble High Court, vide order dated 27.09.2017, disposed of the writ petition with a direction to the competent authority to consider and decide the representation of the applicant, after hearing her, having regard to Government Order No. 1285-GAD of 2001 dated 06.11.2001.

f) The applicant thereafter submitted the order of the Hon’ble High Court along with her representation before the competent authority. However, according to her, no timely decision was taken. Consequently, she filed contempt proceedings before the Hon’ble High Court. During the pendency of the contempt petition, respondent No. 2 passed Order No. 26-DSWJ of 2019 dated 25.01.2019, whereby the claim of the applicant for retrospective regularization and consequential benefits was rejected.

g) The applicant has challenged the said order mainly on the ground that the respondents failed to consider her case in the proper perspective and ignored the fact that similarly situated employees had been extended the benefit o