Excelsior Correspondent
Srinagar, Sept 22: High Court today directed the Government to formulate a policy for regularizing services of those who have been appointed against the sanctioned posts on adhoc basis for more than 10 years ago.
Justice Sanjay Dhar also directed that till the exercise of formulating the policy is undertaken by the officials, the petitioners shall be allowed to continue on their present position on adhoc basis and thereafter accord consideration to the case of regularization of petitioners in accordance with the said policy.
It is contended by petitioners appointed as Assistant Professors and Junior Scientists who made a number of representations before the authorities of SKUAST seeking regularization of their services as they were appointed on adhoc basis after undergoing regular process of selection and were working continuously on sanctioned posts but instead of doing so, the official respondents issued impugned advertisement notice bearing No.12 of 2012 dated 26.12.2012, by virtue of which the posts against which the petitioners are working were advertised.
They further averred that while issuing the advertisement notice, the officials have changed the prescribed qualification, as a result of which the petitioners have been rendered ineligible for applying pursuant to the impugned advertisement notice.
Accordingly, the petitioners have challenged the impugned advertisement notice and have further sought regularization of their services on the posts on which they are presently working. Further the petitioners have prayed for removing the private respondents on the ground that they are usurpers of public posts as they did not possess the requisite qualification at the time they had applied for selection.
It is also not in dispute that the petitioners were holding requisite qualification and experience at the time of their engagement on adhoc basis. “The question that arises for consideration is whether petitioners can be thrown out after having served the University for more than 11 years continuously against sanctioned posts”, Justice Dhar said.
Court said the continuance of petitioners on the posts to which they were appointed on adhoc basis, has given rise to a legitimate expectation for consideration of their cases for regularization. “…it is the bounden duty of the official respondents to formulate a policy for regularization of adhoc appointees and to accord consideration to the cases of petitioners in accordance with the policy”, Court directed.
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