NIDHI SHARMA Vs. STATE

JUDGEMENT

(1.) THE dispute in this writ petition relates to the regularization of the services of the petitioners appointed on ad hoc, casual and daily rated basis. The petitioners were appointed as Junior Assistant, Junior Receptionist, etc on fixed term basis in the year 1992, but continued for years. They are claiming their regularization of service by making them permanent, filed SWP No. 351/ 1999 in this Court which was disposed of by order dated 1 -9 -1999 in the following manner: - -

(2.) IT appears that the claim of the petitioners for regularization was considered and rejected by the respondents by order dated 13 -10 -2000. Being aggrieved of the rejection of their claims, the petitioners have once again approached this Court through the present writ petition. The case of the petitioners as projected in the writ petition is that they have put in 8 years of service at various posts in Govt Medical College, Jammu and as such were entitled to regularization. However, the respondents have by order dated 13 -10 -2000 addressed to the Principal, Government Medical College, Jammu declined to regularize the services of the petitioners and instead decided to refer the posts to the J&K Service Selection Recruitment Board. The petitioners have therefore, prayed for issuance of an appropriate writ, direction or order in the nature of writ of certiorari quashing communication No. ME/NG/51/ 2000 dated 13 -10 -2000 issued by the respondents, with a further direction for commanding the respondents to declare the petitioners as regularized with effect from the date of their initial appointment and to grant them all consequential retrospective benefits.

(3.) THE stand of the respondents set up in the reply is that the petitioners have been appointed on fixed term basis so their appointments have come to an end by efflux of time. It has further been submitted that as the initial appointment of the petitioners was not in accordance with rules, therefore, they cannot be regularized in violation of the recruitment rules. The posts held by the petitioners are entry -level posts, which are required to be filled up by the J&K Service Selection Board after advertising the same and inviting applications from all eligible candidates.