Government orders cannot deny rightful benefits and arrears based on notional regularization without just cause, especially under statutory provisions for public sector employment.

ORDER

11.08.2025

1. This petition by one Sameena, W/o Late Sh. Amin who died in harness as Safaiwala of this Court on 11.11.2020 is directed against the Government Order No. 3456-LD (A) of 2019 dated 22.10.2019 to the extent it treats the regularization of the husband of the petitioner w.e.f. 24.06.2002 till 21.02.2014 on notional basis without payment of arrears.

2. The petitioner also seeks a direction to the respondents to settle the pension case of the deceased employee, treating him to be in regular service of this Court right from the year 2002.

3. The writ petition is contested by the respondents. Respondent No. 2 in its reply affidavit has taken a stand that the husband of the petitioner was granted notional benefit of regularization w.e.f. 24.06.2002 till 21.02.2014 without any monetary benefits and, therefore, while fixing salary in the year 2014, the husband of the petitioner was put under New Pension Scheme [“NPS”]. It is submitted that upon the death of the deceased employee, the case was referred to the Accountant General, J & K, Jammu for settlement of pension. The Accountant General, however, denied the pension on the ground that the cases of the employees who were otherwise due for regularization prior to 01.01.2010 but could not be so regularized for administrative reasons would be considered in the defined pension scheme i.e. NPS.

4. The Respondent No. 1 who has passed the impugned order dated

22.10.2019 has chosen not to file any reply affidavit and contest the petition by taking any specific stand. Mrs. Monika Kohli, learned Sr. AAG appearing on behalf of Respondent No. 1 only supports the impugned order dated 22.10.2019 and submits the same is passed strictly in accordance with law.

5. Before we advert to the challenge thrown to the impugned order dated 22.10.2019 to the extent aforesaid, we deem it appropriate to give brief resume of the admitted factual position.

6. The husband of the petitioner was engaged as Safaiwala on daily wage basis in the High Court of J & K in the year 1995. On completion of his continuous service of 07 years as daily wager, he became entitled to regularization of his services as Class-IV employee in the High Court in terms of SRO-64 of 1994. With a view to give the benefit of regularization to the deceased husband of the petitioner in terms of SRO-64 of 1994, the High Court of J & K through its Registrar General issued Order No. 903 dated 10.12.2014 regularizing the services of the husband of the petitioner as Safaiwala w.e.f. 24.06.2002, providing further that the arrears from the date of his regularization shall be paid to him to the extent of 50% and rest of the arrears be kept in his G.P. Fund Account till the creation of supernumerary post of Safaiwala w.e.f. 24.06.2002 to 21.02.2014. The matter was thereafter taken up with the Respondent No. 1 for creation of post of Safaiwala to give effect to the regularization of the husband of the petitioner. Vide Government Order No. 3456-LD (A) of 2019 dated 22.10.2019 (the order impugned), a post of Safaiwala came to be created w.e.f. 24.06.2002 till 21.02.2014. However, in the impugned order, it was provided that the benefit of regularization from 24.06.2002 till 21.02.2014 shall be on notional basis and will count for fixation of pay on notional basis without payment of arrears. There is, however, no dispute that w.e.f. 21.02.2014, the post of Safaiwala was available with the High Court. It is this Government Order which is assailed by the petitioner in this petition to the extent we have mentioned hereinabove.

7. Having heard learned counsel for the parties at length and