Court dismisses plea for retrospective service benefits, affirming the 2010 Act's stipulation for prospective effect only.
The Jammu and Kashmir High Court, in a significant ruling, has reiterated that the regularization of services for consolidated or contractual employees under the J&K Civil Services (Special Provisions) Act, 2010, can only be prospective. The judgment was delivered in the case of Ghulam Rasool Bhat & Ors. versus Government of J&K & Ors., dismissing the petitioners' plea for retrospective regularization from the date of completion of two or seven years of service.
The petitioners, who had been engaged as Shift Engineers on a consolidated basis in the J&K Power Development Corporation, argued that they were entitled to regularization after two years of service, as per the corporation's policy. However, their services were not regularized until 2017, despite having completed seven years of service by 2012. The petitioners sought a directive for retrospective regularization based on the analogy of other similarly situated employees.
Justice Sanjay Dhar, presiding over the case, examined the provisions of the 2010 Act and previous judgments, including those in the cases of Rabia Shah and Ulfat Ara. The court observed that while the petitioners had completed seven years of service, their regularization was rightfully effectuated prospectively from the date of the order in 2017. The court emphasized that the Act does not permit retrospective regularization and mandates that regularization takes effect only from the date of issuance of the order.
The court further clarified the distinction between employees who were engaged through a formal selection process and those like the petitioners, who were appointed without such processes, reiterating that the policy of regularization after two years did not apply to the latter.
In conclusion, the court dismissed the writ petition, declaring it devoid of merit and underscoring the legitimacy of the respondents' actions under the 2010 Act. The judgment serves as a precedent in affirming the prospective application of regularization orders, thereby upholding the statutory provisions.
Bottom Line:
Retrospective regularization of services for consolidated employees not permissible under J&K Civil Services (Special Provisions) Act, 2010. Regularization shall take effect only from the date of issuance of the regularization order, irrespective of the duration of prior service completion.
Statutory provision(s): J&K Civil Services (Special Provisions) Act, 2010, Section 5
Ghulam Rasool Bhat v. Government of J&K, (Jammu And Kashmir)(Srinagar) : Law Finder Doc Id # 2824488
