50% of continuous daily-wage service must be counted for INSITU promotion benefits upon regularization under Rule 5-AA.

The applicant was initially engaged as a Daily Wager in the Sericulture Development Department and was subsequently regularized.

The applicant contended that under the relevant service rules, 50% of his continuous daily wage service should be counted alongside his regular service for the purpose of granting "INSITU" promotion.

He alleged that similarly situated employees had received this benefit, while its denial to him resulted in monetary loss and would adversely impact his future pensionary benefits.

The matter was originally filed as a Writ Petition in the High Court of J in 2019 and transferred to the Tribunal on 29.09.2020.

Whether the applicant is entitled to the benefit of 50% of his continuous daily wage service for the purpose of fixing his pay scale and INSITU promotion under Rule 5-AA of the JK Civil Services Higher Standard Pay Scale Scheme Rules.

Rule 5-AA of the JK Civil Services (Higher Standard Pay Scale Scheme) Rules, 1996, as amended by SRO 311, mandates that 50% of continuous work-charge or daily wage service (excluding casual/seasonal workers) shall be counted with regular service for the grant of INSITU promotion, provided past settled cases are not reopened.

The judicial precedent set by the Hon’ble High Court of JK in SWP No. 974/2012 directed the counting of such service for similarly situated petitioners.

The applicant argued that his service record, when calculated per Rule 5-AA, totals over 29 years, making him eligible for the benefits first due upon completing 9 years of service.

The Tribunal reasoned that if the applicant fell within the ambit of SRO 311 and if the benefit had already been extended to "similarly situated persons," the respondents were legally bound to consider his claim to prevent "legal impediment" or "monetary loss".

The court relied on the precedent of the High Court to underscore that such service periods are legally recognized for pensionary and promotional benefits.

The Tribunal disposed of the application by directing the respondents to consider the applicant's averments and decide the case based on his eligibility and entitlements, issuing a speaking order within eight weeks.