An employee engaged on an ad hoc basis against a vacant post, having served beyond the required threshold before the issuance of a regularization policy, is entitled to retrospective regularization benefits regardless of a later prospective regularization under a different enactment.

ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The SWP No.2529/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.7479/2021 by the Registry of this Tribunal.

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

I. Writ, order of direction in the nature of Writ of Certiorari quashing Order No.INF-152/2018 dated 31.08.2018 issued by the respondent no.2 whereby the claim of the petitioner for his regularization with retrospective effect has been rejected;

II. Writ, order of direction in the nature of Writ of Mandamus commanding the respondents to regularize and appoint the petitioner in regular pay scale of Orderly strictly in accordance with the provisions of Govt. Order no.1285- GAD of 2001 dated 06.11.2001 w.e.f the date the petitioner completed seven years of service with all consequential benefits including monetary benefits;

III. Any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also be granted in favour of the petitioner and against the respondents along with/cost.

3. The present matter was originally filed before the Hon’ble High Court of Jammu and Kashmir at Jammu as SWP No. 2529/2018. On transfer, the same has been registered before this Tribunal as T.A. No. 7479/2021.

4. The applicant has filed the present petition seeking quashing of Order No. INF-152/2018 dated 31.08.2018, whereby his claim for regularization with retrospective effect has been rejected. He further seeks a direction to the respondents to regularize/appoint him in the regular pay scale of Orderly in terms of Government Order No. 1285- GAD of 2001 dated 06.11.2001 from the date he completed seven years of service, with all consequential benefits. The pleadings and reliefs are borne out from the transferred record.

5. The facts, in brief, are that the applicant, Abdul Aziz, is stated to be Matriculate and belongs to the Scheduled Tribe category. He submitted an application before the competent authority for permanent absorption in the Tehsil Information Centre, Budhal. The said application was processed through the official channel, and the applicant came to be engaged as Orderly in Tehsil Information Centre, Budhal, District Rajouri, vide Order No. INF/J-2962-66/93 dated 29.07.1993.

6. The applicant has pleaded that his engagement was on ad hoc/month-to-month basis. Thereafter, vide Order No. INF/J-4654-58/93 dated 04.10.1993, he was permitted to continue to work against the post of Orderly in Tehsil Information Centre, Budhal, till the newly selected incumbent joined, after giving a break of one day.

7. It is the case of the applicant that one Ram Parkash, son of Dewan Chand, resident of Rajouri, was allegedly selected as Orderly in Tehsil Information Centre, Budhal, by the Deputy Commissioner, Rajouri. However, the said candidate failed to produce the requisite State Subject/Permanent Resident Certificate in original and did not join the post. Consequently, the applicant continued to discharge duties against the said post.

8. The applicant further pleads that despite his continued service against the post of Orderly, the respondents did not regularize his services on the pretext that Ram Pa