SRINAGAR — The Jammu and Kashmir High Court Srinagar comprising Justice Sanjeev Kumar and M. A Chowdhary where official respondent being (DAG) Irfan Andleeb upholds CAT Srinagar Judgement Dated 30-09-2022 Pronounced on 15-11-2022 comprising Anand Mathur (A) Member and D S Mehra and Offical Respondent Bikramdeep Sing (DAG) of Central Administrative Tribunal Srinagar that temporarily engaged contractual candidates cannot claim permanent status on expiry of the term of contract.
This significant judgment has been passed by J&K High court in a petition filed by more than 136 petitioners who were appointed with the respondents department as Para Medical Staff on academic arrangement basis under the J&K Medical & Dental Education (Appointment on Academic Arrangement Basis) Rules, 2009 under SRO 384/2009 dated 14.12.2009, for a period of one year extendable up to a maximum of four years, one year at a time, subsequently extended up to 06 years by SRO 409/2013 dated 19.9.2013, subject to their good perform ance and conduct or till selection or promotion is made according to the Recruitment Rules governing the field, whichever is earlier, for seeking their regularization.
A Double Bench comprising Mr Sanjeev Kumar and M. A Chowdhary Srinagar after hearing both the sides observed that the main contention of the applicants is that they are entitled for regularization of their services since they have been working in the respondents department from 2010 onwards.
The applicants were initially engaged for one year under the Jammu & Kashmir Medical & Dental Education (Appointment on Academic Arrangement Basis) Rules, 2009. As per Rule 4(i) the appointing authority will engage an individual on academic arrangement basis initially for a period of one year extendable up to maximum of 4 years (sub- sequently increased to 6 years) or till selection or promotion is made in accordance with the Recruitment Rules governing the respective posts, whichever is earlier. 1st proviso to Rule 4 fur- ther provides that appointment under these rules shall not enti- tle the applicant to claim for regularization in the service.
The applicants had signed an agreement to this effect in form A pre-scribed under the said Rules of 2009 which also provides that the appointment shall be purely on academic arrangement basis for one year period or till the post is filled up in accordance with rules of recruitment governing the posts, whichever is earlier.
The Double Bench High Court Srinagar observed that the normal rule for regular appointment is through a prescribed agency under the State as per Recruitment Rules.
It is for the State to ensure smooth functioning of the administration and due to certain exigencies; the administration may make academic, contractual, or similar temporary engagements. It is imperative for the State to replace such academic arrangements by way of regularly selected/appointed persons as early as possible.
Temporarily engaged contractual candidates like the applicants cannot claim permanent status on expiry of the term of contract. Applicants are governed by the rules under which they are engaged.
While dismissing the application filed by petitioners, Double Bench High Court observed that it is clear that the applicants are governed by the rules of 2009 which clearly state that the engagement of applicants was on academic arrangement basis for a period of one year extend-able up to a maximum of six years or till selection is made in accordance with the recruitment rules.
The Honourable High Court in its Final words have directed the respondents are free to conclude the selection process initiated vide advertisement notice no. 2 of 2021.