Excelsior Correspondent
JAMMU, June 14: A Bench of the Central Administrative Tribunal comprising B Anand, Administrative Member and Rajinder Singh Dogra, Judicial Member has held that those appointed on academic arrangement basis for a fixed term are not entitled for benefit of regularization and termed as constitutionally valid Section 3(b) of J&K Civil Service (Special Provisions) Act whereby these employees have been specifically denied such benefit for being a separate class altogether.
The applicants through different applications had assailed Section 3(b) of the Act as unconstitutional and violative of Article 14 of the Constitution.
After hearing battery of lawyers for the applicants and respondents, the CAT Jammu bench, while referring several judgments on the similar subject including one passed by CAT Srinagar Bench, said, “we are also agree with the decision taken by CAT Srinagar Bench on regularization issue that the applicants employees appointed on academic arrangement basis for a fixed term 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”, adding “Section 3(b) of the Act is constitutionally valid and intra vires”
While dismissing the applications, the CAT directed the respondents to permit the applicants to continue working until their post is filled by way of regular mode of selection and they will not be replaced by similar arrangement if the workload is available with the department.
“The candidates whose services are terminated after the academic session is over, will not be entitled for continuation.
Respondents are further directed to release all the pending salary of the applicants for the period they have worked”, read the order.
The CAT further said, “being the welfare state, department is at liberty to bring any policy for the regularization of such candidates who have worked for the department and given the prime time of their life”.
On the issue pertaining to maternity leave, the CAT directed the respondent to release all medical, monetary and other benefits that accrued in favour of the applicant on account of her pregnancy, as per the terms of the Maternity Benefit Act, 1961 read with Article 157-A of J&K Civil Service Regulations, 1956.
“Since, the respondents failed to comply with the ad-interim directions dated 03.07.2009 passed by High Court in Service Writ Petition No. 1085/2009 consequent whereupon she was not allowed to resume her duties as Lecturer on ‘contractual basis’ in ‘academic arrangement’, despite having been protected vide Order/Judgment dated 10/12/2007 passed in a batch of Writ Petitions with Service Writ Petition No. 52/2007 titled “Jiwan Lal & Ors Vs State of J&K & Ors.”, thereby, allowing her to continue till regular selection is made, the applicant be allowed to work till regular selection is made by the competent authority”, the CAT said.
“Since the engagement/appointment of the applicant as Lecturer on contractual basis in academic arrangement has not been cancelled or withdrawn by the official respondents, as such, the respondents are directed to allow the applicant to resume and work as Lecturer, however, the applicant is not held entitled to remuneration for the non-working period.
The needful shall be done by the respondent within a period of six weeks from the date of receipt of this order”, read the order.
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