Jammu & Kashmir High Court - Srinagar Bench
Dr. Syed Mudasir Ahmad & Ors vs Union Territory Of Jk & Ors on 10 March, 2020
Author: Ali Mohammad Magrey
Bench: Ali Mohammad Magrey
Serial No. 99
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IN THE HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
WP (C) No. 718/2020
CM No. 1536/2020
Dr. Syed Mudasir Ahmad & Ors.
..... Petitioner(s)
Through: -
Mr Jahangir Iqbal Ganai, Senior Advocate with
Ms Humaira Shafi, Advocate.
V/s
Union Territory of JK & Ors.
..... Respondent(s)
Through: -
Mr Asif Maqbool, Dy. AG.
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge.
ORDER
10.03.2020 By medium of the instant petition, the petitioners, who claim to be working as Lecturers/ Teaching Assistants in various degree Colleges of the Higher Education Department, have assailed the validity of communication bearing No. DC-HE/Acd.Arrg/KD/20120-21 dated 5th of March, 2020, issued by the Director Colleges, Higher Education Department addressed to the Nodal Principal, Government College for Women, MA Road, Srinagar, to the extent it directs continuation of the petitioners as per the provisions of Government Order No. 88-(JK)-HE of 2020 dated 17th of February, 2020. The petitioners are also aggrieved of the Government Order dated 17 th of February, 2020, whereby guidelines for engagement of candidates on academic arrangement basis in Government Degree Colleges of the Union Territory of Jammu and Kashmir have been manifestly changed as regards their terms and conditions of service and also by declaring that the engagement shall be @ Rs.500 for "Need Based Teachers/ Guest Faculty" with qualification of NET/SLET or Ph.D and Rs.450/- for Teachers with only Master's Degree as their highest qualification. It is contended that the petitioners are regulated by the policy of the Government/ guidelines issued in the shape of various Government Orders from time to time, particularly Government Order No. 78-HE of 2018 dated 8th of February, 2018 and 298-HE of 2019 dated 30th of May, 2019.
Mr Jahangir Iqbal, learned senior counsel representing the petitioners, while strengthening the claim of the petitioners for the relief claimed in the writ petition, has invited the attention of the Court to Clauses 5, 6 (b) and 7 of the guidelines notified in terms of Government order dated 8th of February, 2018, in terms whereof it has been specifically provided that the candidates engaged as Lecturers and Teaching Assistants shall be paid monthly remuneration of Rs.18,000/- and Rs.12,000/- respectively, which remuneration, as stated, stands, thereafter, enhanced in terms of Government Order No. 219-HE of 2018 dated 28th March, 2018 to Rs.28,000/- and Rs.22,000/- respectively, and further continued as such in terms of Government Order No. 298-HE of 2019 dated 30th of May, 2019. The learned senior counsel submits that the petitioners, while continuing in the said arrangement, were denied the benefit of regularization of their services in the respondent Department which formed a ground for the petitioners to challenge Section 3(b) of the Jammu and Kashmir Special Provisions Act of 2010 and also for not replacing them with a fresh set of candidates in various petitions. It is pleaded that this Court, in the said petitions, directed for maintenance of status quo with regard to the service of the petitioners. It is further submitted that these writ petitions were, thereafter, directed to be clubbed and listed together for decision. It is contended that the respondents were obliged under law to allow the petitioners to continue discharging their duties as directed by the Court on the same terms and conditions till such time the matter is decided by the Court, however, the respondents, without waiting for the decision of the Court in the aforesaid petitions, have issued the impugned communication dated 5th of March, 2020 as well as Government order dated 17 th of February, 2020, whereby the terms and conditions of the engagement of the candidates on academic arrangement, including the petitioners herein, are stated to have been modified/ changed.
Mr Asif Maqbool, learned Deputy Advocate General, available in the Court, submits that by the impugned communication, the Nodal Principal has been directed to implement the Court orders and utilize the services of the respective candidates, including the petitioners, on academic arrangement for the session 2020-21 who have obtained Court directions (with respect to maintaining Status Quo) as per the available teaching work load/ budget resources. The learned Deputy Advocate General further submits that the writ petitions of some of the academic arrangement lecturers have been dismissed by the Court for the relief seeking regularization and continuation, but subsequent thereto, in view of the orders passed by the Division Bench in appeal filed by the academic arrangement Lecturers who were aggrieved of the single Bench order, all matters have been clubbed together for decision.
Heard the learned counsel for the parties, perused the pleadings on record and considered the matter.
Prima facie, this Court, on an overall appreciation of various Government Orders issued by the Government of Jammu and Kashmir from time to time notifying the policy of the Government regulating conditions of engagement of the candidates engaged on academic arrangements in various Government Degree Colleges qua enhancement of their wages and also having regard to the pendency of the writ petitions on the subject, is of the opinion that the petitioners, who are engaged prior to the guidelines notified in terms of Government Order dated 17th of February, 2020, are governed by the conditions of engagement in tune with the policy of the Government earlier in point of time. This is so because the status of the petitioners stands already protected by the Court on the strength of their engagement made in tune with the earlier policy of the Government and, thus, the Government Order dated 17th of February, 2020, which has prospective effect, cannot be made applicable to the present petitioners whose cases are sub-judice before the Court as is evident from the admission made by the Director, Colleges in the impugned communication.
Notice in the main petition as well as in the connected CM. Mr Asif Maqbool, learned Deputy Advocate General, accepts notice on behalf of the respondents. He seeks and is granted one week's time for filing the objections.
List on 19th of March, 2020, higher up in the Advance Cause List. Meanwhile, the operation of the impugned communication dated 5th of March, 2020 to the extent of modifying/ changing the terms and conditions of the engagement of the petitioners in tune with Government Order dated 17 th of February, 2020 shall stay insofar as it relates to the present petitioners and the petitioners shall be allowed to continue in tune with the orders passed by this Court in their earlier petition(s).
(Ali Mohammad Magrey) Judge SRINAGAR March 10th, 2020 "TAHIR"
TAHIR MANZOOR BHAT2020.03.11 14:22 I attest to the accuracy and integrity of this document