Srinagar, Mar 21: The High Court has said that a person engaged temporarily continuously working for more than seven years cannot be denied the benefit of regularization under relevant SRO.
Justice Sanjeev Kumar made these observations while dealing with a petition of an employee of University seeking his regularization retrospectively.
The petitioner-Ghar Singh approached the court projected in his plea that, though, his services were regularized vide order dated 25th March, 2010 with immediate effect, yet in terms of the provisions of SRO 64 of 1994 adopted by the University, he was entitled to be regularized immediately after the completion of seven years of service in the year 2004.
Court while allowing his petition held him entitled to regularization as Security Guard w.e.f. from 1st April, 2005 with all consequential benefits including arrears of salary w.e.f. 1st April, 2005 till his actual regularization made in the year 2010.
Justice Kumar said that a person who is engaged temporarily and is paid wages at the rates sanctioned by the Government from time to time and continued to perform his duties for a continuous period of more than seven years cannot, by any stretch of reasoning, be termed as ‘casual labour’ to deny him the benefit of regularization under SRO 64 of 1994.
The Court said that it is not the case of the respondent-University that the petitioner-Singh came to the Court to challenge the denial of regularization from retrospective effect after his retirement.
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