Srinagar, Dec 28:
High Court quashed the order of Khadi Village and Industries Board (KVIB) whereby prospective effect of contractual employees as orderlies was given and directed for regularizing them on the basis of counting 50 percent of services rendered by them.
Through the medium of the instant Petition, the KVIB employees who were appointed on contractual basis and thereafter regularized prospectively as orderlies challenged the Order No. KVIB 169 of 2017 dated 11.08.2017.
“Impugned Order No. KVIB 169 of 2017 dated 11.08.2017 and communication No. KVIB/Adm/PF-503/7240-46 dated 29.01.2019, to the extent of giving it prospective effect and governing the appointment of the petitioners under the provisions of SRO 400 of 2009 dated 24.12.2009, are quashed”, Justice M A Chowdhary said.
The court directed the Board authorities to give them same and similar treatment as has been given to other employees to regularize their services, or in the alternative to count 50% of services rendered by them on contractual basis for purposes of pensionary benefits as has been done in case of other employees.
“The respondents are directed to consider the case of the petitioners for promotion to the next higher post of Junior Assistant on the same and similar analogy as has been done in case of other similarly situated employees”, Court further directed.
The counsel representing the Board contended that when these petitioners had accepted the orders of their regularization and joined on their positions, they cannot question the order, of which they have derived the benefit, and challenge the same through this Writ Petition.
“This contention of the counsel for the respondents is not tenable, as since the employer is having higher power and the employee cannot join any issue on the conditions of the appointment order, as such, the employee can challenge the condition of appointment order even at later stage where he finds appointment order detrimental to his interests”, Justice Chowdhary clarified.
Court on perusal of the record said that two sets of similarly situated employees were considered and one set of them was accorded benefit of regularization, whereas the other set i.e. petitioners were discriminated against, which amounts to contravention of Articles 14 and 16 of the Constitution of India.
“The respondent-Board is governed by the Jammu & Kashmir Khadi and Village Industries Board Act, 1965 and in terms of the said Act, particularly Section 4, there is a procedure for constitution of the Board, as such, Board, in terms of Section 12 of the Act has powers to appoint officers and officials and regulate their service conditions and that making applicable SRO 400 of 2009 without being adopted by the Board is unwarranted and against the Jammu & Kashmir Khadi and Village Industries Board Act, 1965”, reads the judgment.