Regularization to a post ought to be done keeping in mind the expertise and experience of the employee(s)

Jammu and Kashmir and Ladakh High Court

Jammu & Kashmir High Court: A Single Judge Bench of Ali Mohammad Magrey, J., allowed a Writ Petition filed by the petitioners seeking consideration of their respective cases for change of designation from Helper (Civil) to Electrician, Carpenter and Motor Mechanic respectively.

The petitioners were initially appointed to the post of Helpers in the respondent-department. The petitioners were fully technically trained in the trades of Electrician, Carpentry and Operational & Manual Maintenance of the Boiler Plant, respectively and they were granted the benefit of upgradation as semi-skilled workers. The petitioners had time and again requested the respondent authorities to change their designation from Helper as fixed in terms of their orders of regularization, to the posts of Electrician, Carpenter and Motor Mechanic, respectively. The respondents did not change their designation.

The main issue that arose before the Court was whether the respondent authorities were justified in not changing the designation of the petitioners.

The Court observed that it is an undisputed fact that the petitioners have high degree practical expertise and training in their respective trades of Electrician, Carpenter and Motor Mechanic, besides, possessing the certificates issued by the Technical Institutions. The petitioners have been discharging their duties diligently since quite a long time and the respondents without considering their expertise had regularized them on the post of Helper (Civil). The Court further observed that regularization ought to have been done keeping in mind the expertise and practical experience possessed by the petitioners.

The Court held that the respondents have been extracting work from the petitioners but they have deprived the petitioners of service benefits and hence the respondents have not extended fair treatment to the petitioners in the matter of public employment. The Court directed the respondent authorities to consider the case of petitioners for the change of designation from Helper to Electrician, Carpenter and Motor Mechanic, respectively and grant them all the benefits which they are entitled to receive. [Bashir Ahmad Malik v. State of J&K,2018 SCC OnLine J&K 684, order dated 24-09-2018]

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