Excelsior Correspondent
SRINAGAR, Feb 15: The High Court has said that the adhoc, contractual or consolidated employees completing seven years continuous services are required to be dealt with by the Jammu and Kashmir Civil Services (Special Provisions), Act, for their regularization.
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Hearing the plea of one-Dr. Muneeb Iqbal seeking regularization immediately on completion of continuous ad hoc service of seven years, the division bench of Justice Sanjeev Kumar and Justice Puneet Gupta allowed his plea and held him entitled to regularization as Assistant Surgeon with effect from the appointed date.
Dr Iqbal was appointed as Assistant Surgeon by the then Government of Jammu and Kashmir on ad hoc basis on October 16, 2001. His services were continued on ad hoc basis from time to time till he was regularized by the Government vide order dated October 16, 2012 prospectively.
His grievance was that he was entitled to be regularized immediately on completion of continuous ad hoc service of seven years and, therefore, his regularization should have been given effect from 16th October, 2008 instead of October 12, 2012.
He approached the Central Administrative Tribunal (CAT) for his grievance and the CAT dismissed his plea on the ground that the same hits with delay and laches. The DB said since the plea before the CAT was admitted and was taken up for final consideration on merits by the Tribunal, as such, it would be too late to dismiss the plea on the ground of delay and laches.
The DB while setting aside the judgment of CAT and allowing the plea of petitioner said it is only such of the adhoc, contractual or consolidated appointees who complete their seven years continuous service after the appointed date, are required to be dealt with under the Jammu and Kashmir Civil Services (Special Provisions) Act.
“…it is no more debatable as to whether an eligible ad hoc, contractual or consolidated appointee who has completed seven years or more service on the appointed date, is to be regularized with effect from the appointed date or from the date a formal order of his regularization is passed”, the DB observed.
For the foregoing reasons, this petition is allowed and the impugned order dated 28th October, 2020 passed by the Tribunal is set aside. The petitioner is held entitled to be regularized as Assistant Surgeon with effect from the appointed date i.e. 29th April, 2010, when the Act of 2010 came into force. The petitioner would be entitled to all consequential benefits.
The court concluded that the impugned judgment passed by the CAT is not correct in law as it is not in dispute that the petitioner having been appointed as Assistant Surgeon on ad hoc basis on 16th October, 2001, completed mandatory seven years of service on 16th October, 2008. He was, thus having more than seven years ad hoc service to his credit at the time the Act of 2010 came to be promulgated. This aspect of the matter has not been considered by the Tribunal in correct perspective and, therefore, the judgment passed by the Tribunal is flawed and deserves to be set aside.
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