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Sabiya Rashid And Others v. University Of Kashmir And Others

Sabiya Rashid And Others v. University Of Kashmir And Others

(High Court Of Jammu And Kashmir)

WP(C ) No. 1797/2020 c/w CCP(S) No. 98/2021 | 26-08-2022

1. With a view to providing for regularization of various persons working in the University of Kashmir on casual, contractual or consolidated basis, a roadmap was prepared by the Financial Advisor (Universities) vide his No. FA-KU/JU/202-204.com/13 dated 20.08.2013. The roadmap prepared by the Financial Advisor (Universities) was approved by the University Council and process for regularization of persons engaged on casual/contractual basis was set in motion on the basis of guidelines promulgated by the University of Kashmir vide Notification No. F(Regular-Casual/Const-Gen.Adm)KU/14 dated 03.09.2014. The guidelines laid down in the said Notification are as under:

“1. The person working on casual or contractual or consolidated basis shall be regularized on fulfillment of the following conditions:

(i). That he/she has been engaged in the Main Campus/Satellite Campuses of the University of Kashmir by the General Administration on the approval of the Competent Authority;

(ii).That he/she is continuously working on casual/consolidated/contractual basis without any break (other than the usual breaks/leave sanctioned by the authority i.e Head of the Department/Directors/Coordinators/Librarian/Controller of Examinations);

(iii). That he/she possesses the requisite qualification and eligibility criteria required for the post on the date of his/her initial engagement on casual or ad hoc or contractual or consolidated basis;

(iv). That no disciplinary or criminal proceedings are pending against him/her on the appointed day i.e date on which he/she is considered for regularization;

(v). That he/she has completed seven years or more service (uninterrupted) as such on the appointed day i.e the date of regularization.

2. The Committee consisting of all the following shall examine/recommend the cases of casual/contractual workers presently engaged in the University for regularization under rules:

(i). Vice-Chancellor;

(ii). Registrar;

(iii) Director General Accounts and Treasuries (from Finance Deptt.)

(iv) Director Budget (from Finance Deptt.)

(v. An officer of the Administration Deptt.

3. Procedure for regularization:

a). The Committee shall consider the cases of all the casual/contractual engagees who have completed seven years of uninterrupted service after the first engagement and who have been paid regularly by the University from available resources. Upon regularization, such of the engagees as cannot be regularized suitably against available posts, could be designated as “Helpers” and be given the pay scales applicable to the lowest class-IV of employees in the University as the case may be. For such a process of regularization, supernumerary and temporary posts of “Helpers” shall be created outside the normal/existing hierarchy of the University.

(b). Helpers could subsequently move to clear posts/vacancies in the formal organization hierarchy as and when these become available and the supernumerary/temporary posts of Helpers vacated by the incumbents shall automatically get abolished.

4. The following shall not be considered for regularization:

(a). Persons engaged on casual/contractual/consolidated basis in whose favour engagement order has not been issued by the General Administration of the University i.e without the approval of the Competent Authority.

(b). Persons engaged in the Research Projects/Schemes sponsored by various Govt./Private Agencies.

5. The regularization of the eligible casual or contractual or consolidated engagees shall have effect only from the date of such regularization irrespective of the fact that such engagees have completed more than seven years of service on the date of regularization.

6. The persons engaged on casual or contractual or consolidated basis who have not completed seven years shall continue as such till completion of seven years and shall thereafter be considered for regularization.

7.There will be complete ban on engagement of casual/contractual workers.

2. The Empowered Committee headed by Vice-Chancellor scrutinized the cases of all the casual/contractual engagees, who had completed seven years of uninterrupted service after their first engagement and who had been paid regularly by the University from available resources, and recommended regularization of 150 casual/contractual engagees in the first instance. The Finance Committee in its meeting held on 29.06.2015 accepted the recommendations of the Empowered Committee and the matter was placed before the University Council at its meeting held on 23.10.2015. The University Council vide its resolution No. 4:47.2 and 4:47.3 dated 23.10.2015 resolved that creation of 150 supernumerary positions of helpers in the pay band of Rs.4440-7440/- with Grade Pay of Rs.1300 be approved and the provision for funds be suitably reflected in the revised budget estimates. Pursuant to the decision of the University Council taken at its meeting held on 23.10.2015, the casual/contractual engagees, who had completed seven years of uninterrupted service and were eligible for regularization as per the Notification dated 03.09.2014 (supra), issued by the University, were regularized as Helpers against the aforesaid supernumerary posts created on the approval of the University Council. Similarly, 366 more casual/contractual engagees were cleared by the Empowered Committee and the Finance Committee at its meetings held on 15.12.2017 and 06.03.2017 respectively. The matter was placed before the University Council at its meeting held on 22.04.2017 and the University Council vide its Resolution No. 77:11 accepted the recommendations of the Empowered/Finance Committees and created equal number of supernumerary positions, to be designated as Helpers to facilitate the regularization of the casual/contractual engagees, who had attained eligibility for regularization as per the roadmap prepared by the Financial Advisor (Universities) and approved by the University Council. In the year 2018 as well, the Empowered Committee and the Finance Committee in their meetings held on 19.03.2018 and 20.03.2018 respectively cleared 247 more casual/contractual engagees for regularization. The matter was placed before the University Council at its meeting held on 10.04.2018 and the University Council vide its Resolution No. 17 accepted the recommendations of the Empowered/Finance Committees and created 247 more supernumerary posts of Helpers to facilitate regularization of those casual/contractual engagees who had attained the eligibility for regularization in the year 2018.

3. From a perusal of record of the University, it transpires that 84 casual/contractual engagees completed mandatory period of seven years of uninterrupted service on 31.10.2018. Their cases too were cleared by the Empowered/Finance Committees at its meeting held on 22.09.2018, 29.09.2018 and 9.10.2018 respectively. Both the Committees recommended creation of 84 more supernumerary positions of Helpers to facilitate the eligible casual/contractual engagees. Following the similar process as had been followed on three earlier occasions, the University Authorities placed the matter before the University Council in its meeting held on 05.06.2020. The University Council, instead of approving the creation of 84 more supernumerary positions of Helpers to accommodate equal number of eligible casual/contractual engagees which include the petitioners herein, resolved as under:

“The proposal be agreed in principle. Further resolved that the case history of all such cases/persons be submitted with full details to the Hon‟ble Chancellor on file through Financial Adviser Universities i.e FC-Finance, J&K Govt”

4. The University Authorities complied with the decision of the University Council and detailed case history and documents were forwarded to the Financial Adviser (Universities) vide letter No. N(CasualRegularization) KU/HVC/20 dated 24.08.2020. The matter is since pending either before the Financial Adviser or with the Hon‟ble Chancellor of the University. However, no decision on the fate of 84 casual/contractual engagees which include the petitioners herein, has been taken for the last more than two years.

5. Feeling aggrieved by the discriminatory treatment meted out to them, the petitioners have filed the instant petition. The petitioners‟ short grievance is that, by completing 7 years of uninterrupted service on 31.10.2018 and being fully eligible in terms of University‟s Notification dated 03.09.2014 (supra), they have acquired an indefeasible right of regularization as per the guidelines contained in the University Notification dated 03.09.2014 (supra). They also claim parity with earlier three batches of casual/contractual engagees who were similarly placed and were regularized in terms of University Notification dated 03.09.2014 (supra) in the year 2015, 2017 and 2018 respectively.

6. The claim of the petitioners is predicated primarily on the following three grounds:

(i). That University Notification dated 03.09.214 laying down guidelines for regularization of casual/contractual engagees has been issued by the University of Kashmir in terms of roadmap communicated by the Financial Advisor (Universities) and duly approved by the University Council. The petitioners, being eligible in terms of that notification, cannot be denied the benefit of regularization, that too, without indicating any reasons;

(ii) That, by acquiring eligibility and completing the mandatory period of 07 years‟ uninterrupted service as on 31.10.2018, the petitioners came to be similarly placed/situated with the earlier three batches cleared by the University Council at its meetings held on 23.10.2015, 22.04.2017 and 10.04.2018. The University Council, by not adopting the uniform pattern and deviating for undisclosed reasons, have not only acted arbitrarily, but has also subjected the petitioners to hostile discrimination; and,

(iii) That under the Kashmir and Jammu Universities Act, 1969 [„ the of 1969‟] and the Statues and Regulations framed thereunder by the respective Universities, University Council is an Apex Body and its decisions are not amenable to modification, variation or supersession by any other authority including the Chancellor and the Financial Advisor. The University Council, having accepted the proposal, in principle, should not have made it subject to scrutiny by the Chancellor with the assistance of Financial Advisor (Universities).

7. The respondent-University of Kashmir has filed the objections. It is not denied by the University that the roadmap for regularization of casual/contractual engagees, formulated and communicated by the Financial Advisor (Universities), has the approval of the University Council, and in tune with it the University has issued the detailed guidelines vide its notification dated 03.09.2014 (supra). The respondent-university also does not dispute that three batches of casual/contractual engagees comprising 150, 366 and 247 members respectively have been regularized by the University after creating equal number of posts pursuant to the decisions taken by the University Council in its meetings held on 23.10.2015, 22.04.2017 and 10.04.2018. There is no explanation coming forth from the respondent-University as to why the procedure, which they adopted in the years 2015, 2017 and 2018, was not adopted in the instant case. There is no whisper as to why the University Council, which agreed to the proposal cleared by the Empowered Committee on 22.09.2018/29.09.2018 and the Finance Committee on 09.10.2018, which was accepted in principle, was not given effect to. Instead of approving creation of 84 supernumerary positions of helpers as recommended by the Empowered/Finance Committees, the matter was decided to be submitted to the Hon‟ble Chancellor on file through Financial Advisor (Universities). There is also no explanation as to why the Hon‟ble Chancellor has not been able to take any decision on the matter for the last two years.

8. From a perusal of the record produced by the University, it transpires that the proposal cleared by the University Council in its meeting held on 05.06.2020, in principle, has not been taken to its logical conclusion due to uncalled for and unwarranted opinions of the Financial Advisor (Universities) and the Department of Law, Justice and Parliamentary Affairs. As a matter of fact, one would not find any opinion by either of the authorities other than emphasizing the necessity to contest the petition of the petitioners vigorously in the Court of law.

9. Having heard learned counsel for the parties and perused the material on record, it is necessary to first take note of salient provisions of the of 1969, under which, the University of Kashmir has been established. It would also call for having a look on the relevant Statues and Regulations of the University of Kashmir to understand in its correct perspective the hierarchy of the authorities of the University. Under the of 1969, two Universities known by the name of University of Kashmir and University of Jammu have been constituted/established for Kashmir and Jammu divisions respectively. The Universities established under the of 1969, as is evident from reading of the of 1969, are conferred not only the institutional, but also the Financial autonomy.

10. It is true that these twin Universities may not have adequate resources of their own to meet their expenditure and, therefore, depend on the financial aid extended by the Government. With a view to ensuring that the financial aid/Government funds provided to run these Universities are spent in furtherance of the objects of the Universities, the Secretary to the Government, Department of Finance is ex-officio the Financial Advisor of the University. The Head of the State i.e. the Governor or the Lieutenant Governor, as the case may be, heads all the important committees of the University, particularly, its apex body i.e. the University Council. Besides the aforesaid two authorities, the other Government officials, like the Director (Finance), the Secretary to the Government, Department of Education (Higher and Technical) are also included as members in the Finance Committee to assist the Syndicate to take decisions in relation to financial matters. Section 9 of theof 1969 enumerates the officers of the University and the same reads as under:

“9. The following shall be the officers of each University:-

1. The Chancellor; 2. The Pro-Chancellor;

3. The Pro Vice-Chancellor, if any;

4. The financial Advisor;

5. The Registrar;

6. The Controller of Examinations;

7. The Joint Registrar, if any; and

8. Such other officers as the Statutes may declared to be the officers of a University”.

11. In terms of Section 10 of theof 1969, the Governor or the Lieutenant Governor, as the case may be, is the Chancellor of both the Universities. The Chancellor is head of both the Universities and, when present, presides at the meetings of the University Council and at the Convocations of both the Universities. The next to the Chancellor is the pro-Chancellor. The Chief Minister of the State/UT is ex-officio Pro-Chancellor of both the Universities. This is so provided in Section 11 of theof 1969. The Vice-Chancellor, the 3rd officer of the University in the hierarchy is a whole time paid or a part-time honorary officer of the University appointed by the Chancellor in consultation with the Pro-Chancellor from amongst the persons whose names are submitted to him by the Committee. This is so provided in Section 12 of theof 1969. The Vice-Chancellor, as is evident from Section 13 of the said Act, is the Principal Executive and Academic Officer of the University and in the absence of the Chancellor and the Pro-Chancellor, presides at the meetings of the University Council and at any convocation of the University. He is also an ex-officio member and Chairman of the Academic Council and such other authorities and bodies as are provided under the provisions of the of 1969. Section 16 of the said Act, which deals with the appointment of Financial Advisor, is of vital importance for the case on hand and, therefore, set out below:

“16. 1. The Secretary to Government, Finance Department, or any other officer nominated by the Government of Jammu and Kashmir shall be the ex-officio Financial Adviser to both the Universities.

2. The Financial Adviser shall exercise general supervision over the funds of each University and shall advise it as regards its financial policy.

3. The Financial Adviser shall be an ex-officio member of the University Council and the Syndicate of both the Universities.

4. The Financial Adviser shall:

a. present annual estimates and the statements of accounts to the Syndicate and the University Council, and

b. exercise such other powers and perform such other duties as may be prescribed by the Statutes and Regulations”

12. From a reading of Section 16 reproduced above, it is evident that the Financial Advisor is none other than the Secretary to the Government, Finance Department or could be any other officer nominated by the Government. He exercises general supervision over the funds of each University and advises it as regards its financial policy. He is also an ex-officio member of the University Council and the Syndicate of both the Universities. He is a person, who is responsible to present annual estimates and the statements of accounts to the Syndicate and the University Council and to exercise such other powers and perform such other duties as may be prescribed by the Statues and the Regulations.

13. Section 20 of theof 1969 enumerates the Authorities which each University shall have to run its administration. Section 20 is also reproduced hereunder:

“20. The following shall be the authorities of each University:

1. The University Council;

2. The Syndicate;

3. The Academic Council;

4. The Faculties;

5. The Board of Studies;

6. The Boards of Research Studies;

7. The Board of Inspection; and,

8. Such other authorities as may be declared by the statues to be the authorities of the University”

14. The University Council constituted under Section 21 of theof 1969 consists of various members which include the Chancellor, the Pro-Chancellor, the Education Minister, the Vice-Chancellor of the University concerned, the Financial Advisor, the Educational Advisor, etc.

15. As is ordained in Section 22 of theof 1969, the University Council of a University is the Supreme Authority of the University and shall have powers enumerated in Section 22 from clauses (a) to (j).

16. The Syndicate of the University is the Chief Executive Authority except in respect of the matters falling within the purview of the University Council. The Syndicate is headed by the Vice-Chancellor of the University concerned and is assisted by various members including the Financial Advisor. The Syndicate of the University is enjoined the duty to frame the budget estimates of the University and submit the same to the University Council at a time to be prescribed by the Statues. It has the power to hold, control and administer the funds, property and other assets of the University, provided that no expenditure shall be incurred which has not been included in the approved estimates except with the sanction of the University Council. To assist the Syndicate, there is a Standing Finance Committee constituted for regulating and controlling the finances of the University. Statute 2.22 provides for the constitution of the Standing Finance Committee and the same, for facility of reference, is also set out below:

“2.22. The Syndicate shall have its Standing Finance Committee for regulating and controlling its finances. It shall consist of the following:

1. Vice-Chancellor;

2. Pro Vice-Chancellor; if any;

3. Financial Adviser;

4. Secretary to Government Education Department (Higher and Technical);

5. Two members of the Syndicate nominated by the Syndicate;

6. Registrar-Member Secretary The nominated members of the Committee shall hold office for a period of three calendar years from the respective dates of their nomination as such”

17. The Finance Committee, as is evident from its constitution, is headed by the Vice-Chancellor and assisted, inter alia, by the Financial Adviser and the Secretary to the Government, Education Department (Higher and Technical).

18. From a reading of the entire Act of 1969 and the Statutes and Regulations framed thereunder, one would find that the Chancellor of the University is empowered to preside over the meetings of supreme body of the University i.e. the University Council as also at the convocations of the Universities. Independently of his position, being the presiding member of the University Council and his right to preside at the convocations of both the Universities, this Court could not trace out any special powers and privileges of the Chancellor, more particularly, conferring upon him the power to sit over the decisions taken by the University Council. The Syndicate of the University is responsible to take care of fiscal needs of the University to frame the budget estimates of the University and to submit the same to the University Council at a time to be prescribed by the Statutes. The Syndicate has the power and authority to hold, control and administer the funds, property and other assets of the University and in the exercise of discharge of its functions particularly in relation to financial matters, the Syndicate is assisted by the Standing Finance Committee which is also headed by the Vice-Chancellor and assisted, inter alia, by the Financial Adviser and the Secretary to the Government, Department of Education (Higher and Technical)

19. From the entire scheme of things emerging from reading of the of 1969 and the Statutes and Regulations framed thereunder, it is evident that no decision involving financial implications could be taken without approval of the authorities like the Syndicate and the University Council which have the statutory presence of Financial Advisor and the Financial Advisor is none other than the Secretary to the Government, Finance Department. The Secretary to Government, Department of Education (Higher and Technical) is also an officer of the Government and associated in the decision making.

20. Viewed thus, this Court finds that the University of Kashmir and University of Jammu which are the creatures of the of 1969 are fully autonomous in character, both in institutional as well as the financial matters. The University Council is the supreme body of the University concerned and its decisions cannot be varied, modified or overturned by any authority, howsoever high it may be in its own affairs.

21. In the instant case, indisputably, the decision has been taken by the University Council in its meeting held on 05.06.2020 and as per the decision, the proposal of the University to create 84 supernumerary positions of helpers to regularize the services of equal number of casual/contractual engagees which include the petitioners herein also, has been cleared by the Empowered/Finance Committees respectively. After having undergone the aforesaid process, it reached the University Council which in its meeting held on 05.06.2020 resolved that the proposal be agreed in principle. In that view of the matter, it was only a useless formality or an uncalled for procedure suggested by the University Council, that is, to submit the case history of all the eligible casual/contractual engagees with full details to the Chancellor on file through Financial Adviser (Universities) i.e. FC-Finance JK Government.

22. It is surprising to note that, on similar set of circumstances, when the persons similarly situated with the petitioners attained the eligibility to regularization of their services as helpers, the University Council, on three occasions i.e. on 23.10.2015, 22.04.2017 and 10.04.2018 itself cleared all the proposals and granted the approval for creation of supernumerary positions to be designated as Helpers to regularize the services of eligible casual/contractual engagees. When, in the year 2018 itself, 84 more causal/contractual engagees completed their mandatory period of seven years of uninterrupted service and became eligible for regularization on 31.10.2018, the University authorities put the matter through the similar process. It was cleared by the Empowered Committee in its meetings held on 22.09.2018 and 29.09.2018. On the recommendations of the Empowered Committee, the Standing Finance Committee of the Syndicate also ratified the recommendations of the Empowered Committee at its meeting held on 09.10.2018. In exactly similar fashion, the file reached the University Council and the matter taken up for consideration at the meeting held on 05.06.2020. Surprisingly, the University Council did not follow the course it had adopted on earlier three occasions in the entirely identical cases. The University Council though agreed with the proposal in principle, but, instead of approving creation of 84 more supernumerary positions to be designated as Helpers and directing regularization of the eligible casual/contractual engagees including the petitioners, unnecessarily referred the matter to the Chancellor through Financial Adviser (Universities).

23. Be that as it may, the fact remains that the University Authorities acted in tune with the Resolution of the University Council and vide communication dated 24.08.2020 submitted and forwarded to the Financial Advisor the detailed case history and the documents of 84 casual/contractual engagees for further necessary action. When nothing was done by the Financial Adviser or for that matter by the Chancellor, the petitioners filed the instant petition.

24. From a perusal of the record produced by the Registrar, University of Kashmir, it further transpires that the respondents did not take the petitioners going to the Court kindly and, thus, started the process of tossing the file from the Financial Advisor to the Secretary, Law, Justice and Parliamentary Affairs and vice-versa. I could appreciate, had there been any opinion either by the Financial Adviser or by the Secretary, Law, Justice and Parliamentary Affairs that the petitioners were not similarly situated with hundred other contractual engagees who were regularized on the approval of the University Council granted on 23.10.2015, 22.04.2017 and 10.04.2018 respectively. Both the Financial Adviser and the Secretary to the Government, Department of Law, Justice and Parliamentary Affairs advised the University to contest the writ petition of the petitioners, casual/contractual engagees, tooth and nail by applying all might at its disposal. As observed above, the Financial Adviser to the University was himself a party to the decisions those were taken in the University Council on 23.10.2015, 22.04.2017 & 10.04.2018 wherein the approval was granted for creation of 150, 366 and 247 supernumerary posts of Helpers respectively. I could not find anything either in the record produced by the University or in the reply affidavit filed by the Registrar, University of Kashmir which could justify the deviation made by the University Council in its meeting held on 05.06.2020 in relation to 84 cases of casual/contractual engagees who, under similar set of circumstances, had completed the mandatory period of seven years of uninterrupted service as on 31.10.2018 and had become entitled to regularization as per the roadmap of the Financial Adviser approved by the supreme authority of the University i.e. the University Council.

25. In view of the aforesaid analysis, this Court finds the petitioners entitled to regularization of their services w.e.f. 01.11.2018 for the following reasons:

(i). Indisputably, the petitioners have completed the mandatory period of seven years of uninterrupted service as casual/contractual engagees and have become entitled to regularization w.e.f. 01.11.2018 in terms of the roadmap for regularization of casual/contractual engagees, formulated and communicated by the Financial Adviser which roadmap stands approved by the University Council;

(ii). On the approval granted by the University Council, on earlier three occasions i.e. 23.10.2015, 22.04.2017 and 10.04.2018, the University Council not only created hundreds of supernumerary positions and designated them as Helpers for regularizing the services of those who had completed seven years of uninterrupted service and were otherwise eligible under the University Notification dated 03.09.2014 (supra). The University Council could not have deviated from its earlier position while dealing with the cases of 84 casual/contractual engagees who also completed their mandatory period of seven years of uninterrupted service and became eligible for regularization on 31.10.2018, more so, when the cases of these 84 casual/contractual engagees which include the petitioners were entirely similar and identical to the cases of those who were regularized in the year 2015, 2017 and 2018 respectively. The petitioners have, thus, been subjected to hostile discrimination. The action of respondents is, thus, absolutely discriminatory and violative of Articles 14 and 16 of the Constitution of India.

(iii) That the decision of the University Council to refer the matter to the Chancellor through Financial Adviser after having accepted the proposal in principle, is totally arbitrary and de hors Act of 1969 and the Statues and Regulations framed thereunder. There was no point in referring the matter to the Chancellor through Financial Adviser, when both the authorities were present in the University Council. To remind, it may be pointed out that the Chancellor is the head of the University Council and is assisted, inter-alia, by the Financial Adviser, who is one of the members of the University Council. The University Council being the supreme body of the University cannot abdicate its powers to the authority or authorities which are not superior to it; and,

(iv) From reading of Act of 1969 and the statues and Regulations framed thereunder, this Court has come to the conclusion that the Universities created under the of 1969 enjoy the institutional as well as the financial autonomy and the interest of the Government in utilization of funds provided to the Universities is well taken care of by the inbuilt mechanism. The Financial Adviser is none other than the Secretary to the Government, Department of Finance and apart from him, the Secretary to the Government, Department of Education (Higher and Technical) is also a member of all important committees. That being the position, I find no reason or justification to raise the position of the Financial Adviser and for that matter, the Chancellor of the University to the level above the University Council. There could be no two supreme bodies in any institution. The Chancellor being the head of the University and entitled to preside over the meetings of the University Council, has been vested with enough control of running the affairs of the University. That apart, this Court does not find any reason or justification coming forth, either from the record of the University or the reply affidavit filed by the Registrar, University of Kashmir which could throw light as to why, for the last two years, the Chancellor and the Financial Adviser, to whom the matter was referred by the University Council in its meeting held on 05.06.2020, could not take a decision in the matter, though this Court finds that such course of action adopted by the University Council was totally illegal, arbitrary and de hors Act of 1969 and the Statues and the Regulations framed thereunder.

26. For the foregoing reasons and the discussion made above, I find merit in this petition. Accordingly, this writ petition is allowed by providing as under:

(i) In terms of decision of the University Council taken in its meeting held on 05.06.2020, 84 supernumerary positions to be designated as Helpers in the pay band of Rs.4440-7440 shall be deemed to have been created w.e.f . 01.11.2018;

(ii) The respondents shall go ahead with the process of regularization of 84 casual/contractual engagees which include the petitioners against such posts/positions of Helpers and issue appropriate orders of regularization in favour of those who are found to have completed mandatory period of seven years of uninterrupted service and are otherwise found eligible in terms of University Notification dated 03.09.2014 (supra);

(iii) The petitioners shall be entitled to their regularization with retrospective effect from the date they have attained the eligibility for such regularization i.e. 01.11.2018 and shall also be entitled to arrears of their salary; and,

(iv) The respondents shall do well to complete the entire exercise, culminating into issuance of regularization orders in favour of eligible casual/contractual engagees which may include the petitioners within a period of two months from the date a copy of this judgment is served upon them.

Disposed of accordingly.

This is a petition for initiating contempt proceedings against the respondents for wilful disobedience and non-compliance of interim order dated 18.11.2020 passed in CM No.5342/2020 in WP(C ) No. 1797/2020.

Since the main petition has been finally disposed of by this Court vide order of even date, the interim order of which the violation is alleged has merged with the final order rendering this contempt petition infructuous.

Dismissed as infructuous.

Advocate List
  • Mr. R.A.Jan Sr. Advocate with Mr. Taha Khaleel Advocate

  • Mr. M.S. Latief, Sr. Advocate with Mr. Zahid Advocate. Mr. Nissar Ahmad Mir, Registrar, University of Kashmir in person.

Bench
  • HON'BLE MR. JUSTICE SANJEEV KUMAR
Eq Citations
  • LQ
  • LQ/JKHC/2022/328
Head Note

Industrial and labour — Regularisation of services — Casual/contractual engagees — University of Kashmir, Srinagar — Held that full-time casual/contractual engagees, who have completed seven years of continuous service on or before 31.10.2018 and fulfill other conditions as prescribed in the University Notification dated 03.09.2014 and other allied notifications issued by the University from time to time, are entitled to be regularised — Their services be deemed to have been regularised from 01.11.2018 — University Authorities directed to issue appropriate regularisation orders in their favour and to release arrears of their pay/salary within two months from the date of the judgment