HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

Reserved on: 16.11.2022

Pronounced on: 22.11.2022

WP (C) 2229/2022

CM 5604/2022

Masrat Yousuf

… Petitioner/Appellant(s)

Through: Mr. Salih Pirzada, Advocate

V/s

UT of J&K and others

… Respondent(s)

Through: Mr. Mohsin Qadri, Sr. AAG with Mr. Faheem Shah, GA

CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

J U D G M E N T

1.

In the instant petition filed under Article 226 of the Constitution, the

petitioner prays for grant of following reliefs:

I.

By a writ of certiorari order no. 1197 of 2022 dated 09.9.2022 may be

quashed;

II.

By a writ of mandamus the respondents be directed to regularize the

services of the petitioner from the date of entitlement as recommended

by the Empowered Committee and approved by the Executive

Committee in terms of the Srinagar Municipal Corporation Class-IV

Services (Special Provision) Regulations, 2014;

III.

Allow the petitioner to continue as Media Officer along with all

consequential benefits till settlement of the case for regularization;

IV.

To grant all the service benefits including seniority, monetary dues

etc. retrospectively from the date of entitlement;

V.

To produce the record pertaining to the service case of the petitioner;

VI.

The respondents be burdened and directed to pay exemplary

damages/compensation of Rs. 50 lakhs to the petitioner for loss,

inconvenience, harassment and metal agony suffered by the petitioner.

2.

The case set up by the petitioner on the basis of which the reliefs

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CM 5604/2022

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aforesaid are being prayed would reveal that the petitioner being

Post-Graduate in Mass Communication with specialization in

Electronic Media & Public Relations came to be engaged in the

respondent- Srinagar Municipal Corporation (hereinafter for short >the

Corporation?) as Media Assistant on consolidated wages for a period of

six months with one day break vide order no. 1451 of 2011 dated

26.7.2011 after responding to an advertisement notification no.

SMC/PS/JCA/595-99 dated 16.6.2011 issued by the Corporation.

3.

A post-facto sanction is stated to have been granted by the Corporation to

the date of engagement of the petitioner with effect from 6.7.2011 in

terms of order no. Estt. (G) 5026-28 dated 3.10.2011.

4.

The initial engagement of the petitioner is stated to have been extended

by the Corporation with periodical enhancement in the monthly

remuneration by issuance of various office orders from time to time up

till the year 2012.

5.

It is being stated that on account of continuous service rendered by the

petitioner in the Corporation for a period of seven years, the petitioner

acquired a right of regularisation in terms of Regulation 5 of the

Srinagar

Municipal

Corporation

Class-IV

Service

(Special

Provision) Regulations, 2014 (hereinafter for short the Regulations of

2014), as a consequence whereof the Commissioner of the corporation is

stated to have addressed a communication to respondent no. 1 vide

endorsement no. SMC/PS/Com/190 dated 10.1.2019 elucidating the

right to regularization of the petitioner on account of her continuous

service rendered against the post of a Librarian.

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CM 5604/2022

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6.

It is being next stated that the case of the petitioner for regularisation

came to be recommended by the Empowered Committee under rules,

and consequently approved by the Executive Committee of the

Corporation as reflected in the minutes of meeting of the Executive

Committee held on 20.11.2021.

7.

It is being further stated that the Corporation has been regularising the

services of similarly situated eligible employees under the Regulation of

2014 against various class IV posts, including some similarly situated

employees working as computer personnel in the Corporation who had

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