High Court Verdict on SKIMS Employees

Srinagar: In a landmark verdict, the High Court of Jammu and Kashmir and Ladakh has directed the regularization of services for employees of the Sher-e-Kashmir Institute of Medical Sciences (SKIMS) from their initial appointment date. This significant ruling comes as a relief to 45 petitioner-employees serving as Staff Nurses on a contractual basis.

Justice Chowdhary pointed out that the court has taken note of the violation of Articles 14 and 16 of the Constitution of India and stated, "It emerges from the facts of the case that two groups of similarly situated employees were considered, and one group was accorded the benefit of regularisation, whereas the petitioners were discriminated against.”

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The court's decision challenges Government Order No 15-SKIMS of 2013, which previously regularized services from the order's issuance date (March 19, 2013). According to a report by The Daily Excelsior, the petitioner-employees successfully argued for regularization from their initial appointments under SRO 255 dated August 5, 2003, specifically against migrant vacancies. This aligns their regularization process with other contractual employees who have been granted similar treatment.

Justice M A Chowdhary nullified the contested order and decreed the regularisation of employees from the date of their initial appointment, as stipulated under SRO 255 dated August 05, 2003. Furthermore, SKIMS authorities are now mandated to extend all consequential benefits resulting from the retrospective regularisation. The court's scrutiny revealed a failure by SKIMS authorities to delineate why contract Staff Nurses, similarly situated and engaged against migrant vacancies, had not been subjected to retrospective regularisation. This discriminatory oversight prompted the court to underscore the unjust denial of equal employment opportunities to the petitioners compared to their counterparts in public service, reports the Daily.

The court stated that the petitioners have been discriminated against considering that SKIMS authorities have not given them the similar benefits which have been enjoyed by their counterparts, instead, the cases of these employees were deferred for unknown reasons. “The orders impugned are bad in law, in as much as regularization of services of petitioners must relate to the date of their initial appointment; that due to the delay caused in regularizing the services of the petitioners, the petitioners have suffered a lot as they were entitled to be regularized from the date they were initially appointed, however, their cases have been wilfully delayed”, read the judgment.

This court decision not only ensures justice for SKIMS employees but also sets a precedent for equitable employment practices, emphasizing the need for fair treatment and equal opportunities in the realm of public employment. The ruling stated that the petitioners were entitled to regularisation from their initial appointment and declared the contested orders to be legally invalid.

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