Supreme Court upholds judgment on regularization of employees in Transport Deptt

JAMMU: A bench of Supreme Court comprising Justice MR Shah and Justice BV Nagarathna upheld the judgment of J&K High Court whereby the Court dismissed the appeal filed by Transport Commissioner and other challenging the judgment of writ Court whereby Writ Court found petitioners have been found entitled for regularization of services in accordance with the prevailing rules and regulations.

Supreme Court after hearing senior advocate Vijay Hansaria for the UT of J&K whereas advocate DS Chouhan for the respondents, observed that from the material on record and, more particularly, the proforma produced at Ex. P-1, it appears that the respondents herein were serving against the clear vacancy and therefore, it cannot be said that Act, 2010 shall not be applicable. Once even as per the proforma, the appointments of the respondents were against the clear vacancy, they were entitled to the regularization under the Act, 2010.With these observations, the Supreme Court dismissed the SLP filed by UT of Jammu and Kashmir.


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