ALL COLLEGE LOCAL FUND EMPLOYEES UNION Vs. STATE

JUDGEMENT

(1.) Petitioner Union claims to represent Local Fund Employees working in different Colleges of Kashmir Division. The Union is registered under No. 67/67/A and authorized through its General Secretary to file the writ petition on hand on behalf of the all the College Local Fund Employees (for short Local Fund Employees) of Kashmir Division. Petitioners are aggrieved that State Government has not made sufficient provisions in Jammu and Kashmir Higher Education (Subordinate) Service Recruitment Rules, 2009, (for short Recruitment Rules 2009) for their regularization and under the prevalent scheme, most of the Local Fund Employees would reach the age of superannuation without their service regularized and therefore would not be entitled to retiral benefits. Petitioner union is aggrieved that the respondents have not acted on the recommendation of the Committee constituted to examine the matter and have failed to bring the Recruitment Rules 2009 in conformity with the recommendations of the Committee. Petitioner union on the strength of averments made in the petition seeks following relief.

(2.) It is stated that in terms of Recruitment Rules of 2009 read with Government Order No. 186/HE of 2009 dated 31st August 2009 the State Government vide order No. 50-HE 2012 dated 17-02-2012, has accorded approval to regularization of 130 out of 429 Local Fund Employees against different categories of Class IV Cadre. It is insisted that the claim projected by the Local Fund Employees is, in fact, one of appointment and not regularization and as 40% of Class IV vacancies in all Colleges of Kashmir Division earmarked for Local Fund Employees stand filled up, no vacancy is available as on date against which remaining 299 Local Fund Employees can be considered for appointment.

(3.) Heard and considered.