Excelsior Correspondent
Srinagar, May 19: High Court held that the regularization of ad-hoc, contractual or consolidated appointee can’t claim regularization of service retrospectively and turn down the plea of an employee who was seeking regularization from the date he has completed seven years of ad-hoc service.
The petitioner-Abdul Majid Magrey was seeking regularization of his services from the date he has completed seven years. He was appointed as Gardner in the year 2001 on ad-hoc basis continuously and was regularized as Gardner by the Government in the year 2017.
He claims that he was entitled to be regularized from the date when he completed 7 years of continuous service on ad-hoc basis as a Gardner i.e., with effect from 19.06.2008. The court has not accepted his plea for the reason that the provision governing the field provides for regularization from the date of order of regularization and not from the date of completion of seven years continuous service on ad-hoc basis.
“…the regularization has to be from the date of regularization irrespective of the person having completed 7 years of service earlier. There is no other statutory rule or provision which may provide for regularization of the services of adhoc employee from some earlier date than the date of regularization. The regularization, as such, cannot be ordered from any earlier date other than the date of the regularization”, the Division Bench of Chief Justice Pankaj Mithal and Justice Mokhsa Kazmi has held.
The DB said that no person can claim regularization in service until and unless the regularization is provided under any statute, rule or Government order and the petitioner-appellant is claiming regularization in the light of the J&K Civil Services (Special Provisions) Act, 2010. “The said Act vide Section 5 provides for regularization of ad-hoc or contractual or consolidated appointees on fulfilment of certain conditions including completion of 7 years of service on the appointed date”, DB referred
It has also been added by the DB that the provisions of the Act clearly lays down that the regularization of eligible ad-hoc or contractual or consolidated appointees under the Act shall have effect only from the date of regularization, irrespective of the fact that appointees have completed more than 7 years of service on the appointed date or thereafter but before such regularization.
“In view of the aforesaid facts and circumstances, we are of the opinion that there is no error or illegality in the judgment and the order passed by the writ court and the petitioner-appellant is not entitled to regularization under the Act from any earlier date other than the date of regularization”, DB concluded.
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