Excelsior Correspondent
Srinagar, May 19: High Court today issued bailable warrants against Registrar Kashmir University (KU) for not regularizing its employees appointed on casual and contractual basis as directed by the court.
The Court had directed the Kashmir University to go ahead with the process of regularization of its employees who have been appointed on casual and contractual employees.
Justice Sanjeev Kumar issued bailable warrants against the Registrar KU in order to secure his presence before the court to explain as to why the judgment passed in August last year was not implemented till date.
“In these circumstances, this court is left with no option but to secure of Registrar, through bailable warrants to the tune of Rs 10000”, Justice Kumar directed, adding SHO police station Hazratbal to execute the warrants against Registrar.
The court while deciding the plea of the aggrieved employees of the varsity had recorded that it is 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.
The court as such in its judgment had directed the KU authorities to go ahead with the process of regularization of 84 casual and contractual engagees which include the petitioners against such posts and positions of Helpers and issue appropriate orders of regularization.
Court reiterated the contemnor-Registrar on April 28 was given two weeks time to file compliance of judgment dated August 26 and it was made clear that in case the compliance report is not filed then the incumbent Registrar shall appear in person before the court. Despite the respondent-Registrar having been served with the order, nobody has appeared on his behalf compelling the court to issue warrants against the Registrar.
The respondents-KU was supposed and under obligation to complete the entire exercise, culminating into issuance of regularization orders in favour of eligible casual and contractual engagees including the petitioners within a period of two months from the date a copy of this judgment is served upon them. The exercise was not done, compelling the aggrieved employees to initiate contempt proceedings against VC and Registrar of varsity.
The case of these 84 casual and contractual engagees which include the petitioners is entirely similar and identical to the cases of those who were regularized in the year 2015, 2017 and 2018 respectively as such the court in its decision recorded that petitioners have 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”, reads the Judgment
The decision was referred to the Chancellor through Financial Adviser after having accepted the proposal in principle but court said the exercise is totally arbitrary and de hors of 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.
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