JAMMU, July 27: The High Court has held that the Government cannot continue taking the services of an employee for nearly three decades and still describe him as a casual worker, while clarifying that long service does not automatically confer a right to regularisation against a higher post reserved for direct recruitment.
A Division Bench comprising Justice Sindhu Sharma and Justice Rajesh Sekhri partly allowed two petitions filed by the Union Territory of Jammu and Kashmir against orders passed by the Central Administrative Tribunal, Jammu Bench, in favour of Aftar Hussain, who had been working in the Sericulture Department since 1998.
The High Court upheld Hussain's entitlement to regularisation but modified the Tribunal's direction to regularise him as a driver. Instead, the Bench ordered the Government to immediately regularise him as an orderly in the entry-level grade with effect from the date he completed seven years of service.
The court further directed that Hussain be granted all consequential benefits, emoluments and arrears from the date of his regularisation.
|