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HC directs for framing of policy on adhoc employees

high court of jammu and kashmir

High Court has directed the government to frame a policy for regularizing services of those who have been appointed against the sanctioned posts on adhoc basis for more than 10 years ago.

Justice Sanjay Dhar commanded that till the time policy is being framed, petitioners can keep continuing their present posts and position on adhoc basis thereafter accord consideration to the case of regularization of petitioners in accordance with the said policy.

Number of presentations has been made by the petitioners who were appointed as Assistant Professors and Junior Scientists before SKUAST authorities. They wanted regularization of their services as they were appointed on adhoc basis after undergoing regular process of selection and were working continuously on sanctioned posts.

But official respondents issued impugned advertisement notice bearing No.12 of 2012 dated 26.12.2012, by virtue of which the posts against which the petitioners are working were advertised.

Moreover, officials have changed the prescribed qualification in the advertisement thus petitioners have been rendered ineligible for applying pursuant to the impugned advertisement notice. Thus, the petitioners have questioned the impugned advertisement notice and want regularization of their services on the posts on which they are currently working.

Justice Dhar said that the question to consider is that whether petitioners can be thrown out after having served the University for more than 11 years continuously against sanctioned posts.

Court has commanded that it is the bounden duty of the official respondents to formulate a policy for regularization of adhoc appointees and to accord consideration to the cases of petitioners in accordance with the policy.

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