Srinagar: J&K High Court on Thursday held that there was no illegality on part of the Kashmir University in referring the matter regarding regularization of 84 casual and contractual employees again to the Chancellor for his consideration.
Allowing an appeal by the university against its single bench order, the bench of Chief Justice N Kotiswar Singh and Justice Moksha Khajuria Kazmi expressed hope that the Chancellor would endorse the decision of the university for regularization of the 84 casual, contractual and consolidated pay employees and that the administration would render financial assistance for the purpose.
The division bench said “there is no illegality in referring the matter again to the Chancellor for his consideration as sought to be done by the university authorities”.
It however “hoped and trusted that in view of the earlier exercises undertaken as many as three times for regularization, the Chancellor would endorse the decision of the university for regularization of the 84 casual/contract/consolidated pay employees and the administration would render financial assistance for the same.”
If the Chancellor endorses the decision of the university, the court said, these employees would be entitled to be regularised as directed by the court earlier.
The authorities of the University of Kashmir had challenged the single bench’s direction primarily on the ground such that a direction cannot be carried out without the approval of the administration, which is the ultimate custodian of the finances of the Union Territory, and because of which the matter was proposed to be referred again to the Chancellor, the Lt. Governor of the UT of Jammu and Kashmir.
It submitted that the university was dependent upon the financial support from the State (UT) and hence, unless the varsity had the approval of the administration, the proposed regularization of the casual/contract/consolidated pay employees cannot be implemented.
