SARTAJ AHMAD GANIE Vs. STATE

JUDGEMENT

(1.) In the instant petition, petitioners pray for the following reliefs:-

(2.) Petitioners claim to be engaged as Teaching Assistant on contractual basis for academic arrangement (now called as Assistant Lecturers) about nine years back. It is stated that most of the petitioners are continuously working and rendering their services qua performing their duties against clear vacancies in the respondent college, where they stand engaged and appointed from time to time.

(3.) Petitioners state that the J&K, Civil Services (Special) Act, 2010, came into force on 28th of April, 2010, and the Act to provide for regularization of the employees appointed on adhoc, contractual or consolidated basis and it has been made applicable to whole of J&K State. It is stated that in terms of Sec. 3 (b) second part, persons appointed on academic arrangement for fixed terms has been excluded from the applicability of Act. This part of the Act to exclusive of persons appointed on academic arrangement and the service gap which is being given to the petitioners after very academic years. The relief prayed for at serial (b) is the case of the petitioners that Sec. 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 Sec. 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 Sec. 5 of the Act. For better clarity, Ss. 3 and 5 of the Act and the provisos are set out hereunder: