Excelsior Correspondent
JAMMU, Mar 19: High Court has held that if initial engagement of a candidate is not by the competent authority his services cannot be regularized.
The case of petitioner was that on the recommendation of the then Minister for PHE, Irrigation, Flood Control and Tourism of the erstwhile State of J&K, the petitioner Tasleem Arif was engaged as consolidated worker vide order dated 12.04.2008.
In the year 2009, the respondent vide order dated 01.01.2009 disengaged the petitioner from the service. The petitioner made a representation before the respondent for release of wages as his wages were withheld and on receipt of the application, the respondent rescinded the disengagement order of the petitioner vide order dated 24.09.2010.
The withheld wages of the petitioner were released in his favour but his subsequent wages were not released which constrained the petitioner to file a writ petition bearing SWP No.2768/2011 for release of wages and regularization of services in accordance with the provisions of the J&K Civil Services (Special Provisions) Act, 2010.
The writ petition was disposed of vide order dated 28.12.2011 and the respondents were directed to consider the claim of the petitioner for regularization of his services in accordance with the Act and further the respondents were also directed to release the earned wages and till the decision was taken, the petitioner was allowed to continue in service provided he was in position on the post as on that date.
Pursuant to the order, the wages of the petitioner were released but no consideration to his claim for regularization of his services was accorded by the respondents and the petitioner again filed a writ petition bearing SWP No.1525/2014 which was disposed of vide order dated 18.07.2014 with a direction to the respondents to accord consideration to the petitioner’s claim in respect of the averments made in the writ petition but still the respondents did not consider the claim of the petitioner for regularization of his services.
After hearing both the sides, Justice Rajnesh Oswal observed, “there is substance in the submissions made by counsel for the respondents that the engagement of the petitioner even on consolidated basis has resulted into denial of opportunity of participation in the selection process to other eligible candidates”.
“There is not even an iota of doubt that the petitioner has been engaged just on the recommendations of the then Minister without any selection process. Otherwise also, it is settled law that once the initial engagement of a candidate is not by the competent authority, his services cannot be regularized. Once this court has come to the conclusion that the initial engagement of the petitioner was not in accordance with law, he cannot be allowed to continue to work with the respondents”, Justice Oswal said.
“There is not illegality in the impugned order passed by the respondents. Rather the respondents have been categoric in their response that they have taken action against the officers/officials who made the backdoor engagements”, High Court said while dismissing the petition.
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