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2015 DIGILAW 92 (JK)

Mohammad Amin parray v. State

2015-03-12

MUZAFFAR HUSSAIN ATTAR

body2015
JUDGMENT 1. At para-3 of the reply affidavit, it is admitted by the respondents that the petitioner along with other similarly situated Daily Wagers/Consolidated Workers was engaged in JKPCC from time to time and was regularized in terms of SRO 64 of 1994 after the cases were cleared by the empowered committee constituted by the Government for the said purpose. It is pleaded that the Managing Director vide his Order No. 2066-68 dated 4th June, 2002, issued regularization order in favour of 58 Daily Rated Workers which included petitioner also. All these 58 Daily Wagers were regularized against the post of Helper in the pay scale of Rs. 2550-3300 irrespective of the nature of job carried out by the Daily Wagers/Consolidated Workers. 2. At para-8 of the reply affidavit, it is admitted by the respondents that petitioner has been assigned the job of Works Supervisor. It is also pleaded that he is possessed of academic qualification of matriculation and his case for appointment by way of promotion would be considered by the DPC on the basis of seniority/merit and qualification required for such post. 3. The petitioner, in this case, has prayed for issuance of direction to the respondents to regularize his service on the post of Works Supervisor from the date from which his juniors have been promoted as Junior Assistants in terms of Order No. 131 of 2007 dated 28th November, 2007. 4. Though the juniors to petitioner have been appointed by way of promotion on the posts of Junior Assistants, but such action is justified by Mr. Naik, learned counsel for the respondents on the ground that the Competent Authority had taken decision to consider only such Helpers for being appointed on the posts of Junior Assistants, who were possessed of 10+2 qualification. 5. Be that as it may. Rule 5 of the Jammu and Kashmir Daily Rated Workers/Work Charged Employees (Regularization) Rules, 1994 (for short “Rules of 1994”) notified vide SRO 64 dated 24th March 1994, prescribes that all the Daily Rated Workers, who on 31st March, 1994, are eligible under Rule 4 for regularization, shall with effect from 1st April, 1994 be appointed on the regular pay scale of Class-IV prescribed in the concerned department for the relevant category of posts in the pay scale of Rs. 750-940. 750-940. The proviso attached to the said Rule provide 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 two years of service in the scale of Rs. 750-940. 6. Rule 5 of the Rules of 1994 is taken note of; “...Regularization of daily rated workers. All the Daily Rated Workers who on 31st March, 1994, are eligible under Rule 4 for regularization shall with effect from 1st April, 1994, be appointed on the regular pay scale of Class-IV prescribed in the concerned department for the relevant category of posts in the pay scale of Rs. 750940. Provided 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 two years of service in the scale of Rs. 750-940...” 7. In view of the admitted fact position, appearing in this case, the petitioner was working as Works Supervisor on daily wage basis. Even after his regularization in the pay scale of Rs. 750-940 (Pre-revised), he has been allowed to discharge his duties against the post of Works Supervisor. 8. At Para-10 of the writ petition, it is stated that the post of Works Supervisor is carried on the pay scale of Rs. 4000-6090 (Pre-revised), whereas post of Helper is carried on the pay scale of 2550-3300. This averment is not denied by the respondents in their reply affidavit. 9. The proviso attached to Rule 5 of the Rules of 1994 gets attracted to the facts of this case. After completion of service of two years in the pay scale of 2550-3300, the petitioner was to be placed in the higher pay scale of Rs. 775-1025 (pre-revised). 10. The respondents have failed to perform their statutory obligation. The Court is left with no option, but to issue Writ of Mandamus, directing the respondents to perform their statutory obligation. 11. This writ petition is disposed of and respondents are directed to consider and issue orders for placing the petitioner on the pay scale of Rs. 775-1025 (pre-revised) from the date he completed two years of service in the pay scale of Rs. 750-940 (pre-revised). The necessary orders in this behalf be issued within six weeks from the date copy of this order is served on them. 775-1025 (pre-revised) from the date he completed two years of service in the pay scale of Rs. 750-940 (pre-revised). The necessary orders in this behalf be issued within six weeks from the date copy of this order is served on them. 12. Disposed of along with connected I.A.’s in the above terms.