Jammu & Kashmir High Court
Prince Dutta vs State Of J&K Through on 2 July, 2025
Sr. No. 8
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
SWP No. 1148/2013
Prince Dutta, aged 32 years ..... Appellant/Petitioner(s)
S/O Sh. Behari Lal Dutta
R/O Ward No.7, Poonch
Tehsil Haveli,
District Poonch
Through: Mr. R. P. Sharma, Advocate.
Vs
1. State of J&K through ..... Respondent(s)
Commissioner/Secretary to
Government, Tourism and Culture
Department, Civil Secretariat,
Srinagar.
2. The Commissioner/Secretary to GAD,
State of J&K,Civil Secretariat,
Srinagar.
3. Chief Executive Officer,
Poonch Development Authority,
Poonch.
Through: Ms. Nazia Fazal, Advocate vice
Mr. Raman Sharma, AAG
SWP No.1304/2013
Nelofar Sheikh, age 23 years ..... Appellant/Petitioner(s)
D/O Sh. Jamal Din,
R/O Village Samote, Tehsil Surankote
District Poonch
Through: Mr. F A Natnoo, Advocate
Vs
1. State of J&K through its Chief ..... Respondent(s)
Secretary, Govt. of J&K, Civil
Secretariat, Srinagar.
2. The Commissioner-cum-Secretary to
Govt., Tourism and Culture
Department, J&K Government, Civil
Secretariat, Srinagar/Jammu.
3. Chief Executive Officer,
Poonch Development Authority,
Poonch.
4. The Poonch Development Authority
through its Chief Executive Officer,
Poonch
2 SWP No.1148/2013 c/w
SWP No. 1304/2013
Through: Ms. Nazia Fazal, Advocate vice
Mr. Raman Sharma, AAG.
CORAM: HON'BLE MR. JUSTICE MA CHOWDHARY, JUDGE
ORDER
02.07.2025
1. As prayed for and with consensus of the learned counsel for the
parties, both these petitions are taken up for final consideration at this admission
stage. As both the writ petitions involve similar factual background, they are
proposed to be decided by this common order.
2. Petitioner in SWP No. 1148/2013 has prayed for direction to the
respondents to treat him as an employee and accord the benefit of the Jammu
and Kashmir Civil Services (Special Provisions) Act, 2010 to the extent of
regularization on adhoc or contractual or consolidated appointee as provided in
Section 5 of the Act with all consequential benefits; to allow the petitioner to
continue till his case is considered for regularization of his service as per the
Policy framed under the J&K CS Act, 2010 made for other employees appointed
on ad hoc/contractual/consolidated basis; and to pay the salary to the petitioner
and held him entitled to leave and other benefits like other government
employees. The petitioner has asserted that he was engaged as ‘Junior
Assistant’ against a vacancy on consolidated basis in the respondent-Poonch
Development Authority of Tourism Department, vide order dated 10.05.2010,
till the post was filled up by the Recruitment Agency/Department; and that he is
entitled to be regularized against the post held by him in terms of the J&K Civil
Services (Special Provisions) Act, 2010.
2.1. Petitioner in SWP No. 1304/2013 has prayed direction to the
respondents to allow the petitioner to discharge her duties as Junior Steno in
3 SWP No.1148/2013 c/w
SWP No. 1304/2013
terms of her order/engagement dated 07.04.2011 issued by the Chief Executive
Officer, Poonch Development Authority, Poonch; to direct the respondents 3
and 4 to regularize the services of the petitioner against the post of ‘Junior
Steno’ held by the petitioner since April 2011 and till such regularization is
allowed, the petitioner be paid her monthly salary/allowance as admissible under
rules. The petitioner in this petition has asserted that she was engaged as Junior
Steno against a vacant post on consolidated/need basis till the post is filled by
the recruitment agency/department.
3. Pursuant to notice, the official respondents have filed their objections
to both the petitions, in which the respondents have taken, inter alia, a stand that
the petitioner-Prince Dutta (in SWP No. 1148/2013) has been working against
the post of ‘Junior Assistant’ and the petitioner- Nelofar Sheikh (in SWP No.
1304/2013) has been working against the post of ‘Junior Steno’ and have not
been disengaged and their engagement shall continue till the posts are filled up
by the Recruitment Agency/Department whichever is earlier.
4. Learned counsel for the petitioners submit that in view of the clear
stand taken by the respondents that the petitioners shall not be disturbed from
their present positions till regular selection is made against the posts held by
them, they have instructions to seek disposal of their cases at this stage,
provided the respondents consider the other pleas raised by the petitioners for
their regularization against the posts held by them as they are entitled to the
same under the J&K Civil Services (Special Provisions) Act, 2010 governing the
regularization of staff engaged on ad hoc/contractual/consolidated basis.
4 SWP No.1148/2013 c/w
SWP No. 1304/2013
5. Learned counsel for the official respondents has not taken any serious
objection to the plea raised by the learned counsel for the petitioners with regard
to the disposal of the writ petitions at this stage.
6. With the consensus of the learned counsel for the parties, the petitions
are taken up for final consideration at this admission stage.
7. Since the respondents have in clear terms admitted that the petitioners
have been working against the post of Junior Assistant and Junior Steno and the
respondents want to continue their services on contractual basis until regular
selection is made, both the petitions are disposed of, at this stage, with the
direction to the respondents to release the duly earned wages in favour of the
petitioners on a monthly basis and also consider their representations, if any
made, seeking regularization, and in case adverse orders are passed, the
petitioners shall be at liberty to avail the available legal remedy, if so advised.
8. Both the petitions are accordingly disposed of along with connected
application(s).
( (MA Chowdhary)
Judge
Jammu
02.07.2025
Raj Kumar
Raj Kumar
2025.07.03 15:00
I attest to the accuracy and
integrity of this document