Excelsior Correspondent
JAMMU, May 7: A Bench of Supreme Court comprising Justice M R Shah and Justice B V Nagarathna has upheld the judgment of J&K High Court whereby appeal filed by Transport Commissioner and others challenging the decision of Writ Court directing regularization of services of employees of Transport Department in accordance with the prevailing rules and regulations was challenged.
After hearing Senior Advocate Vijay Hansaria for the UT of J&K whereas Advocate DS Chouhan for the respondents, Supreme Court observed, “Senior Advocate appearing on behalf of the petitioners has drawn our attention to the regularization policy contained in the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010”, adding “it is the case on behalf of the petitioners that the regularization as per the Act of 2010 shall be subject to the conditions to be fulfilled as mentioned in Section 3 & 5 of the Act, 2010”.
“From the material on record and, more particularly, the proforma it appears that the respondents were serving against the clear vacancy and therefore, it cannot be said that Act of 2010 shall not be applicable”, the Supreme Court said, adding “once even as per the proforma, the appointments of the respondents were against the clear vacancy, they were entitled to the regularization under the Act”.
With these observations, the Supreme Court dismissed the SLP filed by UT of Jammu & Kashmir.
Follow our WhatsApp channel