Srinagar: High Court of J&K and Ladakh has directed the government to formulate a policy for regularising services of those who have been appointed in the SKUAST-K on adhoc basis against sanctioned posts and are continuing for more than ten years.
Disposing of petitions by two persons who are working on adhoc basis as Assistant Professors in two different disciplines in SKUAST-K, a bench of Justice Sanjay Dhar directed the authorities to accord consideration to the case of regularisation of petitioners in accordance with the policy to be formulated. “Till the exercise is undertaken by the official respondents, the petitioners shall be allowed to continue in the present positions on adhoc basis” , the Court said.
The Court issued these directions after noting that the petitioners had placed on record documents which revealed that pursuant to the recommendations of the Board of Management 68th meeting, a Committee has been constituted by SKUAST in terms of an order dated September 28, 2020 for formulating the guidelines for regularization of services of employees appointed in the University on contractual and adhoc basis against available posts through a proper selection process.
The petitioners had applied in response to an advertisement notice dated February 15, 2008 for the posts of Assistant professors in Soil Science and Plant Pathology. After they did not figure in the select list, the petitioners filed petitions with the claim that they were possessing the requisite qualification and experience. They pleaded that ineligible persons were selected and appointed against the posts they had applied for.
The court however did not agree with contention of the petitioners and held that they were well aware of the fact that the private respondents( appointees ) were appointed way back in the year 2009 but they waited till 2013 to challenge their appointments. “The petitioners are, therefore, guilty of laches, acquiescence and are estopped from challenging the appointment of private respondents. If the appointment of private respondent is quashed at this late stage after a lapse of 12 years, their entire career will get ruined” Court said. The Court however granted relief to the petitioners while considering the aspect of their adhoc appointments.