SRINAGAR, Feb 15: The High Court has said that the adhoc, contractual or consolidated employees completing seven years continuous services are required to be dealt with by the Jammu and Kashmir Civil Services (Special Provisions), Act, for their regularization.
Division Bench of Justice Sanjeev Kumar and Justice Puneet Gupta while hearing the plea of one-Dr. Muneeb Iqbal seeking regularization immediately on completion of continuous ad hoc service of seven years held him entitled to regularization as Assistant Surgeon with effect from the appointed date.
Dr Iqbal was appointed as Assistant Surgeon by the then Government of Jammu and Kashmir on ad hoc basis on October 16, 2001 but his services were continued on ad hoc basis from time to time till he was regularized by the Government vide order dated October 16, 2012 prospectively.
His grievance was that he was entitled to be regularized immediately on completion of continuous ad hoc service of seven years and, therefore, his regularization should have been given effect from 16th October, 2008 instead of October 12, 2012.
He approached the Central Administrative Tribunal for his grievance and the CAT dismissed his plea on the ground that the same hits with delay and laches but DB said since the plea before the CAT was admitted and was taken up for final consideration on merits by the Tribunal, as such, it would be too late to dismiss the plea on the ground of delay and laches.
The DB while setting aside the judgment of CAT and allowing the plea of petitioner said it is only such of the adhoc, contractual or consolidated appointees who complete their seven years continuous service after the appointed date, are required to be dealt with under the Jammu and Kashmir Civil Services (Special Provisions) Act.
DB added that the petitioner is held entitled to be regularized as Assistant Surgeon with effect from the appointed date i.e. 29th April, 2010 all consequential benefits, when the Act of 2010 came into force.
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