Excelsior Correspondent
Srinagar, May 5: Observing that the Kashmir University has adopted double standard in regularization process and not following the consistent policy of regularization of its casual engagees, the Central Administrative Tribunal (CAT) directed the Varsity to decide the case of aggrieved casuals for their regularization.
The aggrieved casuals approached the court for unjustified and unwarranted hostile discrimination meted out to them vis-à-vis the treatment accorded to other casual, contractual, ad hoc or consolidated employees of the University of Kashmir, who along with them jointly constituted one single class, and have been denied the benefit of regularization of the service despite otherwise fully satisfying all the essentials of the criteria as notified by the University.
These aggrieved casuals projected before the court that the University could not have picked up other casuals for grant of regularization in relaxation of rules as a special case without considering their preferential claims and they could not have been classified by the University outside the single group constituted by them along with other casuals.
The Division Bench of D S Mahra (J) and Prasant Kumar (A) after perusal of the record and case file recorded that the respondent-University has not been following a consistent policy of regularization of engagees.
The bench further added that the University, on the one hand, has consistently been pursuing the case of regularization of these aggrieved casuals and similarly situated others by repeatedly submitting their case before different forums of the University, including the University Council, and then to the Financial Adviser (Universities). However, while submitting reply / objections the University has taken a contrary view without assigning reasons for change in the stance.
“Accordingly, the instant case is disposed of with a direction to the respondent University to consider and decide the case of the petitioners for their regularization as per law and in the light of the observations made in the judgment and pass a reasoned and speaking order to this effect within a period of twelve weeks”, the bench directed.
The court also directed the aggrieved-petitioners to submit a detailed representation to this effect before the respondent-University, if they so choose, making out a case for consideration of their claim and provided the University that while considering the case of the petitioners, the respondent-University will strictly follow the principles of natural justice.
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