Excelsior Correspondent
JAMMU, Nov 17: Division Bench of High Court comprising Chief Justice Pankaj Mithal and Justice Mohan Lal, while dismissing the appeal filed by Transport Commissioner and others, upheld the judgment of writ court whereby petitioners were found entitled for regularization of services in accordance with the prevailing rules and regulations.
“This court examined the communication dated 03.09.2009 which is part of the record. It is a letter addressed by the Transport Commissioner to the Commissioner/Secretary to the Government for the purpose of considering the cases for regularization of services of the employees of the department in accordance with the rules”, the DB said, adding “the communication contains a chart in the prescribed proforma giving the name of the employees, their designation, pay, date of initial appointment, the designation of the appointing authority, whether the person is continuing in service and if his appointment was against a clear vacancy or otherwise”.
“The chart clearly mentions that the petitioners/ respondents were appointed against clear vacancy as orderlies on check post on a consolidated remuneration of Rs 1500 per month by the Transport commissioner and that they are continuing in service from the date of their initial appointment”, the DB said, adding ” communication clinches the issue regarding the appointment of the petitioners/ respondents and establishes beyond doubt that as per the own showing of the Transport Commissioner, they were appointed against the clear vacancies”.
“The grounds that the appointment of the petitioners/ respondents was not against clear vacancy or post, and that they were paid from the contingent fund do not stand substantiated and as such the writ court committed no error of law in holding that they are entitled for regularization of their services under the Act”, the DB said.
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