Jammu & Kashmir High Court - Srinagar Bench
Dated: 18Th Of February vs Union Territory Of Jk & Ors on 18 February, 2021
Serial No. 104
Supplementary-1 List
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
WP(C) No.242/2020
CM No.874/2020
Dated: 18th of February, 2021.
Suraya Jabeen
..... Petitioner(s)
Through: -
Mr Shuja-ul-Haq Tantray, Advocate.
V/s
Union Territory of JK & Ors.
..... Respondent(s)
Through: -
Mr M. A. Chashoo, AAG.
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge
Hon'ble Mr Justice Vinod Chatterji Koul, Judge
(JUDGMENT)
{Per Magrey; J (Oral)}:
01. Through the medium of the instant petition, the
petitioner is seeking setting aside of order dated 30th of
December, 2020, as passed by the Central Administrative
Tribunal, Jammu Bench (hereinafter referred to as "the
Tribunal") in T.A. No.62/9285/2020 [WP(C) No.3069/2019].
02. The background facts, put in a nutshell, leading to
the filing of this petition are that the petitioner had filed a Writ
petition before the learned Single Bench of this Court, being
TAHIR MANZOOR BHAT
2021.02.22 17:09
I attest to the accuracy and
integrity of this document
WP(C) No. 242/2021
CM No. 874/2021
WP(C) No.3069/2019, seeking a direction upon the respondents
to regularize her services retrospectively from the year 1989 in
light of Government Order No. 1220-GAD of 1989, on the
analogy of similarly situated persons. Thereafter, upon coming
into force of the Jammu and Kashmir Reorganization Act, 2019;
thereby vesting jurisdiction to hear service matters to the
Tribunal, the aforesaid Writ petition came to be transferred to
the Tribunal in terms of order dated 27th of October, 2020. The
learned Tribunal, upon consideration of the matter and in terms
of order dated 30th of December, 2020, disposed of the case on
the following terms:
".....
Looking to the arguments of the learned counsel for the
applicant, the TA is disposed of with direction to the
respondents to consider the case of the applicant for
regularization in accordance with the relevant schemes and
acts applicable in their case. This exercise be completed within
a period of one month from the date of receipt of certified copy
of this order by way of reasoned and speaking order. The
applicants may also be intimated regarding the decision taken
in this regard by the respondents. It is once again reiterated
that the consideration for regularization of services of the
applicant shall be considered by the respondent strictly in
terms of relevant schemes and rules."
It is this order that has been assailed by the
petitioner before this Court through the medium of the instant
petition.
TAHIR MANZOOR BHAT
2021.02.22 17:09
I attest to the accuracy and
integrity of this document
WP(C) No. 242/2021
CM No. 874/2021
03. Mr Shuja-ul-Haq Tantray, the learned counsel for the
petitioner, submitted that the petitioner, in the aforesaid
petition (registered as TA No.62/9285/2020 before the learned
Tribunal), had not sought a direction upon the respondents for
regularizing her services, but had, in fact, sought a direction
upon the respondents to consider her case for regularization of
her services retrospectively on the analogy of similarly situated
employees. It is contended that the services of the petitioner
stand already regularized vide Government Order No. 129 SWD
of 2014 dated 2nd of June, 2014, but since the effect of such
regularization was given prospectively, while as her colleagues
in the Department, whose services were also regularized
alongwith the petitioner, were given retrospective effect of such
regularization, compelling the petitioner to file the Writ petition.
In this context, the learned counsel has proceeded to state that
the order impugned passed by the learned Tribunal is not only
bad in law, but same has also been passed without application
of mind.
04. Having heard the learned counsel for the parties,
gone through the pleadings on record and considered the
matter, we are of the view that the learned Tribunal has clearly
erred in directing the respondents to consider the case of the
TAHIR MANZOOR BHAT
2021.02.22 17:09
I attest to the accuracy and
integrity of this document
WP(C) No. 242/2021
CM No. 874/2021
petitioner for regularization of her services when, as a matter of
fact, the services of the petitioner stand already regularized vide
Order No.129 SWD of 2014 dated 2nd of June, 2014. The
petitioner was seeking retrospective effect of the regularization
of her services on the analogy of some similarly situated
employees, whose services were also regularized alongwith the
petitioner. The petitioner had also given the details of the said
similarly situated employees in her petition. That being so, the
order dated 30th of December, 2020, as passed by the learned
Tribunal, is found to be against the records, as a corollary
thereto, same is hereby set aside. Consequently, the TA
No.62/9285/2020 [originally WP(C) No.3069/2019] of the
petitioner before the learned Tribunal is allowed and the
respondents are directed to consider the case of the petitioner
for regularization of her services in the respondent Department
retrospectively, on the same analogy as has been adopted by
them in the case of other similarly situated employees in tune
with the mandate of Government Order No.1220-GAD of 1989,
of course, if the case of the petitioner is similar to such
employees. Respondents to accord consideration to the case of
the petitioner, as aforesaid, and pass appropriate orders with
respect thereto without two months from today.
TAHIR MANZOOR BHAT
2021.02.22 17:09
I attest to the accuracy and
integrity of this document
WP(C) No. 242/2021
CM No. 874/2021
05. Writ petition disposed of as above, alongwith all
connected CM(s).
06. A copy of this judgment be forthwith send to the
learned Tribunal so that the TA, which stands allowed by this
Court hereinabove, is consigned to records as per rules.
(Vinod Chatterji Koul) (Ali Mohammad Magrey)
Judge Judge
SRINAGAR
February 18th, 2021
"TAHIR"
i. Whether the Judgment is reportable? Yes/ No.
ii. Whether the Judgment is speaking? Yes/ No.
TAHIR MANZOOR BHAT
2021.02.22 17:09
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integrity of this document
