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Judgment
D. S. Mahra Member (J)
Applicant No. 1, Mr. Ghulam Mohi-ud-Din Dar, was engaged on 05.03.2008 on academic arrangement basis for the academic session 2007–2008 on a monthly honorarium of ₹4,000. Applicant No. 2, Mr. Firdous Ahmad Lone, was similarly engaged on 21.09.2007 for the academic session 2007–2008, also on a monthly honorarium of ₹4,000. Both applicants were temporarily engaged on an academic arrangement basis for a specific academic session. Subsequently, a circular came to be issued by the Director, Technical Education, J&K, vide endorsement order dated 11.07.2008, whereby all temporary appointments made on academic arrangement basis were terminated.
Applicant No. 2 and others challenged the said circular by way of SWP No. 1061/2008. The Hon’ble High Court, vide interim order dated 24.07.2008, directed the respondents to maintain status quo. In pursuance of the said interim direction, the applicants were allowed to continue on the said posts. Thereafter, the applicants filed Writ Petition No. 622/2010, seeking regularization of their services under the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010. The applicants further filed Writ Petition No. 227/2011 before the Hon’ble High Court of Jammu and Kashmir, which was disposed of with a direction to the respondents to consider the claim of the applicants for regularization.
In compliance with the said direction, the respondents, after due consideration, rejected the claim of the applicants vide order dated 27.04.2015. The applicants thereafter filed Writ Petition No. 712/2014, which was disposed of by the Hon’ble High Court vide order dated 03.04.2014, again directing the respondents to consider the applicants' claim for regularization.
Pursuant to the said direction, the respondents passed a speaking order dated 08.02.2016, once again rejecting the claim of the applicants. Aggrieved, the applicants filed Writ Petition No. 764/2016, which too was disposed of by the Hon’ble High Court vide order dated 30.12.2016 with a reiteration to the respondents to consider the applicants’ case for regularization. However, the respondents, vide impugned order dated 17.02.2017, again rejected the claim of the applicants. The applicants have now assailed the said impugned order dated 17.02.2017 by amending the present OA before this Tribunal.
Learned counsel for the applicants submitted that the applicants were initially engaged during the academic session 2007–2008 on academic arrangement basis and have continued to serve on the said posts uninterruptedly, pursuant to interim directions issued by the Hon’ble High Court. It is, therefore, contended that in view of their continued engagement and length of service, the applicants are entitled to the benefit of regularization in terms of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010.
On the other hand, learned counsel for the respondents submitted that the applicants were appointed purely on academic arrangement basis for a specific academic session, and their continuation is solely due to interim orders of the Hon’ble High Court. As such, they cannot claim regularization as a matter of right.
Heard learned counsel for both sides.
It is a matter of record that the applicants were initially engaged during the academic session 2007–2008 on academic arrangement basis, on a monthly honorarium of ₹4,000. Their engagement was purely temporary and for a fixed term corresponding to the academic session in question. Immediately upon the conclusion of the session, their engagements stood terminated. Subsequently, the applicants approached the Hon’ble High Court seeking regularization of their services. The Hon’ble High Court, while directing the respondents to consider the claim of the applicants, further directed that the applicants’ existing status shall not be disturbed. In other words, the applicants have continued to remain in service solely on the strength of interim directions passed by the Hon’ble High Court and not on the basis of any regular or extended appointment made by the respondents.
The applicants seek regularization under the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010. However, their claims have already been rejected by the respondents vide orders dated 05.06.2015, 08.02.2016, and finally vide the impugned order dated 17.02.2017. Section 3 of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010, applies only to those persons who were appointed against clear vacancies on ad-hoc, contractual, or consolidated basis, and who fulfill the conditions prescribed under Section 5 of the said Act. The Act specifically excludes from its scope persons appointed on tenure posts, for a fixed term, under a project or a scheme, and not against clear vacancies.
From a plain reading of the applicants’ initial engagement orders, it is evident that they were appointed purely for a specific academic session, on academic arrangement basis, and not against any sanctioned or clear vacancies. As such, their appointments fall outside the scope of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010. Accordingly, the applicants are not entitled to any relief under the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010, and are not entitled to regularization of their services thereunder.
In view of the above discussion, the OA is dismissed. No order as to costs.