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State of Jammu-Kashmir - Section

Section 5 in The Jammu and Kashmir Civil Services (Special Provisions) Act, 2010

5. Regularization of ad hoc or contractual or consolidated appointees.

- Notwithstanding anything to the contrary contained in any law for the time being in force or any judgment or order of any court or tribunal, the ad hoc or contractual or consolidated appointees referred to in section 3 shall be regularized on fulfillment of the following conditions, namely : -
(i)that he has been appointed against a clear vacancy or post ;
(ii)that he continues as such on the appointed day ;
(iii)that he possessed the requisite qualification and eligibility for the post on the date of his initial appointment on ad hoc or contractual or consolidated basis as prescribed under the recruitment rules governing the service or post ;
(iv)that no disciplinary or criminal proceedings are pending against him on the appointed day ; and
(v)that he has completed seven years of service as such on the appointed day :
Provided that the regularization of the eligible ad hoc or contractual or consolidated appointees under this Act shall have effect only from the date of such regularization, irrespective of the fact that such appointees have completed more than seven years of service on the appointed date or thereafter but before such regularization :Provided further that any ad hoc or contractual or consolidated appointee who has not completed seven years service on the appointed day shall continue as such till completion of seven years and shall thereafter be entitled to regularization under this Act.