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| HC admits petition of contractual lecturers | | | Early Times Report
Jammu, MAY-24 (JNF) The Jammu Kashmir high court (Jammu wing) has issued notice to the state government in a petition seeking continuation of the services of the petitioners who had been engage as lecturers on contractual basis. The court also directed the concerned authorities to refrain from disengaging the petitioners till next date of hearing.
The petition has been filed by Ajit Kumar and others, presently serving as +2 lecturers in district Kathua. Advocate Vivek Sharma represents the petitioners. After hearing the counsel for the petitioners, Justice Sunil Hali issued notice to State through Commissioner/Secretary Education, Director School Education Jammu, Chief Education Officer Kathua, Principal Govt Higher Secondary School Basholi, Principal Govt Higher Secondary School Mahanpur and Vinay Mohan Raina Joint Director School Education Jammu and directed the Additional Advocate general, Gagan Basotra to file objections on or before next date of hearing.
The petitioners had been engaged initially in the year 2006 and are continuing till date. The section 5 of the J&K Civil Service (special provision) Act 2010 deals with the conditions required for regularization of adhoc or contractual or consolidated appointees. All the five conditions contained in section 5 of the Act have been fulfiled by the petitioners, who, therefore, are entitled to seek the benefit of the said Act.
The petitioners have further submitted that Joint Director School Education Dept Jammu has issued a circular dated April 5, 2010 directing the CEOs to allow all the candidates engaged on academic arrangements in various higher secondary schools till the ending April, 2010 and the said order has been transmitted to respective heads of the institutions by the concerned CEOs. The petitioners have been told that their respective of institutions will not allow them to continue in terms of the impugned circular. The petitioner challenging the circular impugned as contrary to the act 2010 which direct the continuation of the all the contractual employees who have not completed seven years till their completion of seven years. However, the petitioners who have completed about five years service are being thrown out by virtue of impugned circular, only to debar them from the getting the appreciation of their services by seeking regularization in pursuance to the act 2010 and seeking direction to the respondents not to disengage the petitioners. JNF
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