Excelsior Correspondent
JAMMU, June 15: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice N Kotiswar Singh and Justice Moksha Khajuria Kazmi today came to the rescue of petitioners who were engaged as Lecturers/Demonstrators in various branches of the Education Department on academic arrangement basis commencing 1994 and set-aside the judgment of writ court,
The DB also directed the respondents to reconsider the case of the appellants for their regularization in terms of the provisions of Act of 2010 given the fact that the appellants have given their youth in the service of respondents and have spent good amount of time in litigation pursuing the cause of their regularization.
While allowing the LPA, DB quotes, “The sword of Damocles Hangs by a thread right over one’s head, ready to drop and rip one’s head right off. It means living one’s life under a constant fear or threat, which you always know about, but you only have a choice to live with it with the belief that the danger will never materialize”.
“The respondents are also not justified, rather are absolutely on wrong footing, to say that the appellants have been and are continuing on the posts on the basis of court orders. The fact of the matter is that respondents have allowed them to continue as per their sweet wish without there being any compulsion from any quarter to do so, they appear to have been in need of their services and are now contemplating to show them the door or deny them the usufruct of their services in complete disregard to the decades long services rendered by the appellants for the department”, the DB said.
“The law cannot be made applicable selectively to extend benefit to few and deny it to others. We, therefore, do not subscribe to the view that the appellants fall within the exception as prescribed under clause (b) of Section 3 of the Act of 2010. On the contrary, we find the case of the appellants tilting more towards Section 5 of the Act of 2010, as they satisfy its requirement in its entirety”, the DB said, adding, “the writ court does not appear to have appreciated the controversy in its right perspective”.
Accordingly, DB set aside the impugned judgment dated 06.05.2015 passed in SWP No. 1874/2012, by the writ court. “The impugned rejection orders of the Empowered Committee dated 18.07.2012 and 25.07.2012 are also quashed by a writ of certiorari. The respondents by a writ of mandamus are commanded to reconsider the case of the appellants for their regularization in terms of the provisions of Act of 2010”.
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