J&K College Lecturers Petition Cat Judgement
The Jammu and kashmir college lecturers who has served the department from many years as an academic arrangement in 2018 The Hon,ble High court of jammu and kashmir had granted status quo to these candidates and concerned department was directed not to discontinue service of any petitioner till the final disposal of the case. In 2022 after establishing the Central administrative tribunal branch in srinagar and jammu all the service related matters got tranferred to the tribunal benches similarly all petitions which had filled by the college teachers against the service provision act 2010 also got transferred from single bench of Jk high court to Tribunal branch for final disposal . The Hon,ble cat bench srinagar heard the party matters from the both side and reserved the judgement on 28th march 2023 and Pronounce its judgement on 13th october 2023 The conclusion and decision that cat bench has given against these petitions are
CONCLUSION AND DECISION OF CAT BENCH SRINAGAR : J&K Civil Service (Special Provisions) Act, 2010 has been enacted with an object to provide regularization to the ad hoc, contractual and consolidated basis employees against clear vacancies. The Act is a conscious policy decision of the State legislature. It makes clear in its statement of object and reasons that the Act has been passed to provide for regularization of the employees appointed on ad hoc, contractual and consolidated basis against clear vacancies. Section 3 of the Act confers and extends this right to the entitled employees subject to satisfying the requirements/conditions mentioned in Section 5 of the Act. Section 3(b) of the Act is exception to Section 3. Section 3(b) specifically excludes employees appointed on academic arrangement basis for a fixed term. Employees/persons appointed under section 3 read with Section 5 and employees/persons appointed under Section 3(b) are two separate classes of employees. Basically, appointment against clear vacancies and appointment not against clear vacancies differentiates/separates the two groups of employees. Section 3(b) is not violative of Article 14 of the constitution. The applicants are not entitled for benefit of regularization rather they have been specifically denied such benefit by Section 3(b) of the Act being a separate class altogether. Section 3(b) of the Act is constitutionally valid and intra vires. All TAs and OAs are dismissed. Interim orders, if any, shall stand vacated. No order as to costs.