BUDROON NISSA Vs. STATE OF J&K AND ANOTHER

JUDGEMENT

(1.) The case set up by the by the petitioner in this petition is that he came to be engaged as Junior Assistant on Adhoc basis on 19.01.1998 and became entitled to regularization immediately on the J&K Civil Services (Special Provisions) Act, 2010 (hereinafter referred to as "the Act of 2010") coming into force. His case was not placed before the empowered committee. It is submitted that the petitioner moved a representation to the respondents praying therein to give retrospective effect of regularization w.e.f the date of enforcement of the Act of 2010 (supra), but no decision has been taken thereon till date which constrained him to file the instant writ petiton.

(2.) The grievance projected by the petitioner in this petition is that the petitioner had completed the requisite service of 07 years much before coming into force of the Act of 2010 and, therefore, should have been regularized immediately after 150 days of the appointed date of the enforcement of the Act of 2010. To substantiate his case, the petitioner relies upon the Division Bench judgment of this Court rendered in the case of State of J&K and ors. v. Afaq Rasool Gadda and anr.; 2017 (II) SLJ 720 HC .

(3.) In the backdrop of the aforesaid facts, the learned counsel for the petitioner submits that his case is fully covered by the ratio of the judgment delivered in the case of Afaq Rasool Gadda and anr. (supra) and, therefore, the respondents are liable to be directed to give his regularization also the effect from 150 days of the appointed date of the enforcement of the Act of 2010, i.e, w.e.f 26.09.2010.