Mandamus Issued Directing Time-Bound Decision on Service Regularization Representations via Speaking Order

The applicant was engaged as a contingent paid worker (sweeper) on May 13, 2002, at Government Girls Primary School Naira (Tahab) and continued her service until superannuation

She alleged that despite continuous service and being placed at serial No. 72 of the tentative seniority list for contingent paid workers, the respondents failed to regularize her services

She asserted that while similarly situated employees were regularized under the prevailing policy, she was excluded without justification

After several representations to the department went unanswered, she filed the present petition seeking regularization and consequential service benefits

During the hearing, the applicant's counsel limited the prayer to a request for a time-bound disposal of her pending representations

1. Whether the respondents failed in their administrative duty by not deciding upon the applicant’s representations for regularization under SRO-308 of 2008

2. Whether the applicant is entitled to a direction compelling the respondents to pass a speaking order regarding her eligibility for service benefits and regularization

The court's reasoning was based on the Jammu and Kashmir School Education (Subordinate) Service Recruitment Rules 2008, specifically SRO-308 dated October 16, 2008, which provides the policy framework for the regularization and absorption of Contingent Paid Workers (CPWs) and Local Paid Fund Workers in Jammu Kashmir

The Tribunal focused on the procedural lapse of the respondents in failing to adjudicate the applicant's long-standing grievances

Without delving into the merits of the claim for regularization, the court noted that the applicant had served the department for over two decades and was included in the official tentative seniority list

Given the "innocuous and limited prayer" made by the applicant’s counsel to simply have the representations decided, the Tribunal found it appropriate to invoke its power to ensure administrative accountability

The court reasoned that the respondents must evaluate the applicant's case against the criteria set out in SRO-308 of 2008 and the Minimum Wages Act to determine her entitlement to benefits and regularized status

The respondents are ordered to take a decision in accordance with the law and relevant rules by passing a detailed and speaking order within eight weeks of receiving the judgment

All connected M.As were also disposed of