RAJANI KUMARI Vs. STATE

JUDGEMENT

(1.) Through the medium of all these writ petitions, petitioners seek following reliefs (wherever applicable in each respective writ petition) as per their respective disciplines and respective Government Degree Colleges where they are engaged on academic arrangement for fixed term basis:

(2.) This batch of writ petitions were admitted on different dates and clubbed together. Such of those writ petitions that are not admitted so far are admitted in view of the batch admitted earlier.

(3.) On the first relief prayed Sr. No.(A), it is the case of the petitioners that Section 3 of J&K Civil Services (Special Provisions) Act, 2010 (Act) provides for application of the Act, i.e., to such posts under Government as are held by persons having been appointed on ad hoc or contractual basis including those appointed on consolidated pay provided that such appointments have been made against the clear vacancies. The grievance of the petitioners is that by virtue of Section 3(b), the provision is inapplicable to the persons appointed on tenure posts including those persons employed on academic arrangement for a fixed term in any Government Department, thereby they are denied the right to be regularized in terms of Section 5 of the Act. For better clarity, Sections 3 and 5 of the Act and the provisos are set out hereunder: 3. Application of the Act. ­ The provisions of this Act shall apply to suh posts under the Government as are held by any person having been appointed on ad hoc or contractual basis including those appointed on consolidated pay provided that such appointments have been made against the clear vacancies, but shall not apply to: - -