What is the effect of the second proviso to Section 5 of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 on an appointee who had not completed seven years of service on the appointed day?

He continues in service until completion of seven years and thereafter becomes entitled to regularisation. The proviso is beneficial in tenor and must receive a purposive interpretation; a construction defeating the protection of employees who later complete the qualifying service period is constitutionally unsustainable.

Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 — s.3(b) — s.5 — SRO No. 384 of 2009 — Constitution of India — Art.14 — Art.16 — Regularisation of service — Academic arrangement basis — Reasonable classification — Intelligible differentia — Model employer — Constitution of India — Art.14 — Classification of employees — Nomenclature not determinative — Held: Where appointees on an academic arrangement basis discharge duties, tenure and conditions of service identical to ad hoc, contractual or consolidated appointees, they are similarly situated. Denial of equal treatment resting only on the nomenclature of the engagement is impermissible under Article 14. (¶12) Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 — s.3(b) — Exclusion of academic arrangement appointees — Held further: The exclusion in Section 3(b) lacks an intelligible differentia and bears no rational nexus with the object of regularising long-standing irregular appointments. It results in invidious discrimination and is unconstitutional and violative of Article 14. (¶12, 13) Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 — s.5 — Second proviso — Qualifying seven years of service — Held further: Once the conditions in Section 5(i) to (v) stand satisfied, the nature of the initial engagement ceases to have any legal relevance. The second proviso is a beneficial provision and must receive purposive interpretation, protecting employees who complete the qualifying service period. (¶12) Constitution of India — Art.14 — Art.16 — State as model employer — Repackaging of contractual engagement — Held further: The State, as a model employer, cannot repackage a substantially similar mode of engagement under a new nomenclature and then deny regularisation. Section 3(b) declared unconstitutional; the State directed to consider the appellants under Section 5. Appeals allowed. (¶13)

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