Research › Search › Judgment

J&K High Court · body

2009 DIGILAW 446 (JK)

Sunil Kumar Dubey v. State

2009-09-11

MANSOOR AHMAD MIR

body2009
1. It is averred in the writ petition that the petitioner was engaged as a daily wager by the respondent-Department and was discharging his duties as Work Supervisor (Civil), came to be regularized with effect from April 1997 as Helper and is performing his duties as such. While the respondents have considered the cases of one Darshan Kumar and Rajinder Kumar and placed them in the cadre of Work Supervisor (Civil), but have not regularized his services in the said cadre. He, accordingly, pleaded that the respondents be directed to consider his case for change of his designation as Work Supervisor (Civil) and thereafter to maintain his seniority. 2. The respondents have filed the reply. It is contended that the case of petitioner and said persons are not similar, but are differently situated. Both the said employees came to be regularized as Helper in terms of SRO 64 of 1999 and thereafter came to be designated as Work Supervisor on the basis of their nature of duties. However, it is contended that the case of Darshan Kumar came to be considered in terms of the judgment of the Court. It is further contended that the case of petitioner will be considered as per the rules and regulations occupying the filed. 3. With the consent of learned counsel for the parties this writ petition is admitted and is taken up for final disposal. 4. SRO 64 of 1994 provides that a daily rated worker, who was eligible on 31.3.1994, is to be regularized after completing the service of seven year after fulfilling the eligibility against the post of Helper in the grade of 750-940 and if such a daily wager was working against the higher post, he is to be considered for the higher pay-scale/next rank after completion of two years in terms of Rule 5 thereof. It is apt to reproduce Rule 5 of the said SRO. "5. Regularisation of Daily Rated Workers. It is apt to reproduce Rule 5 of the said SRO. "5. Regularisation of Daily Rated Workers. -- All the Daily Rated Workers who on 31.3.1994, are eligible under rule 4 for regularization shall with effect from 1.4.1994, be appointed on the regular pay scale of Class IV prescribed in the concerned department for the relevant category of posts in the scale of Rs.750-940: Provided that if any of the categories have higher pay scale of Rs.775-1025, such employee(s) shall be placed in the higher pay scale of Rs.775-1025 after completion of 2 years of service in the scale of Rs.750-940." 5. It is the admitted case of the respondents that the services of petitioner came to be regularized in the year 1997 and is performing his duties as such. 6. In view of the above, this writ petition is allowed and the respondents are directed to consider the case of petitioner and make a decision while keeping in view the mandate of Rule 5 of SRO 64 of 1999 read with the cases of Darshan Kumar and Rajinder Kumar, within a period of three months from the date a copy of this order is served upon them. Disposed of.