Excelsior Correspondent
SRINAGAR, June 29: In a major relief for contingency paid employees of State, the Jammu and Kashmir High Court today directed the Government to frame policy for their regularization with a period of ten weeks.
The direction for absorption of contingency paid employees has been passed in a writ petition of a contingency paid employee of Finance Department who served the department for the last 14 years.
The petitioner Ali Mohammad Dar through his advocate N A Beigh filed a writ petition seeking directions for framing of rules for regularization of contingency paid employees including him in Finance Department.
Petitioner submitted before the court that Government has framed policy and notified it in terms of SRO 380 dated 16.10.2008 where-under 50 percent of class IV posts have been reserved for absorption and regularization of contingency paid employees in Education Department.
The court of Justice MH Attar after these facts and circumstances directed for framing of policy of other contingency paid employees in other departments. “Respondents No.1 is directed to consider and frame policy for permanent absorption of the petitioner and like other persons in other departments”, Justice Attar directed while giving the reference of case of contingency paid employees of State Education Department.
Justice Attar while directing for framing of policy said that all the contingency paid employees working in different departments constitute one single class. They have to be given uniform treatment and respondent-state has subjected them to discrimination.
“Admittedly, the Respondent-State has subjected, to invidious discrimination, the petitioner as also other contingency paid employees working in other Government Department”, Justice Attar held and observed the discrimination is writ large in the facts of this case and the Government has to act as a model employer and has to uphold the constitutional values enshrined in article 14 & 16 of the constitution.
Court in this regard said that the Government is duty-bound to give same treatment to the petitioner Dar and other contingency paid employees who are working in other departments so as to further litigation be avoided.
Court also quashed the order dated 8, January 2014 wherein petitioner’s claim for regularization was rejected by the authorities and directed the authorities to ensure that it does not come in the way of petitioner for seeking benefit, which may flow to him from the decision likely to be taken by the respondent-State.
The order dated 8, January 2014 was passed by the authorities in lieu of court direction of September 2013 wherein the respondent-authorities were directed to consider the case of the petitioner under rules and having regard to the consideration order already passed by the Education Department in case of similarly situated persons and take decision preferably within two months.
The respondents rejected the claim of the petitioner for regularization which compelled the petitioner Dar to file second round of litigation before the court in which he succeeded to project his legitimate claim.
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