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J&K High Court · body

2015 DIGILAW 187 (JK)

Santosh Kumari v. State of Jammu and Kashmir

2015-04-17

N.PAUL VASANTHAKUMAR

body2015
Judgment : 1. This writ petition is filed praying for issuance of writ of mandamus directing the respondents to regularize the services of the deceased husband of the petitioner namely, Kewal Krishan, from the date when he completed his 7 years of service as daily wager. Further prayer is to direct the respondents to grant all service benefits in favour of the petitioner which were available to her deceased husband and also to consider the case of the petitioner for her appointment as class IV employee in Power Development Corporation on compassionate grounds. 2. The case of the petitioner is that her husband was engaged as daily wager in the Power Development Corporation under Civil Construction Wing 18-E/E Gandhi Nagar Jammu. Her husband along with others filed SWP No.254/2005 praying for their regularization and during the pendency of the said petition, her husband died, therefore, he was deleted from the array of the petitioners in the said petition. As per SRO 64, cases of daily wagers who had completed 7 years of service on regular temporary establishment as class IV were recommended for their regularization in their services. On 30.04.2005, case of the husband of the petitioner was also recommended as he was engaged as daily wager on 01.04.1993 as driver in the aforesaid Department. Thereafter, by judgment dated 19.02.2007 of this Court passed in SWP No. 254/2005, services of similarly situated employees were regularized, but the services of the husband of the petitioner were not regularized, therefore, the petitioner filed the present writ petition. 3. In such circumstances, this writ petition is disposed of directing respondent No.2 to consider the case of the petitioner seeking regularization of service of her husband and to grant all service benefits in her favour and to appoint her as class IV employee on compassionate ground and pass necessary order in accordance with law bearing in mind the order passed in favour of the similarly placed persons granting regularization within six weeks from the date of receipt of copy of this order.