Farooq Ahmad Dar v. J&K State Road Transport Corporation
2016-04-29
N.PAUL VASANTHAKUMAR
body2016
DigiLaw.ai
JUDGMENT : N. Paul Vasanthakumar, J. This writ petition is filed praying for issuance of writ of mandamus directing the,respondents to declare that the petitioner continues to be in service and working as consolidated payee of the Corporation at JKSRTC Depot Khellani in pursuance to his initial engagement as Consolidated Payee duly extended from time to time with a further direction to the respondents to declare the petitioner as having been deemed to have been regularised as Jr. Helper in the pay scale of Rs. 2550-3300 w.e.f 01.10.2002 in pursuance of order dated 01.08.2002 issued by respondent No. 2 in view of the petitioner having been initially engaged as Consolidated Payee on 09.07.1999. 2. It is the contention of the petitioner that he was appointed by respondent No. 2 temporarily as an Electrician initially for a period of one year on the consolidated salary of Rs. 1500/- per month by order dated 09.07.1999 which has been extended from time to time. On 05.03.2002, the petitioner along with other employees had been deputed on the field duty by Deputy General Manager JKSRTC Khellani to collect the revenue from different Departments and on the very next day i.e 06.03.2002, the staff of the Managing Director paid a surprise visit to JKSRTC Depot at Khellani and on finding the staff absent, seized the entire record of the Depot including the attendance record. When the petitioner along with others reported back on duty, they were not given any attendance register or salary on the plea that the record had been seized and they had been allegedly found absent from duty. The Deputy Manager Khellani with a view to harm the petitioner and others did not disclose to the staff which seized the records that he had deputed them for the field duty. Thereafter, the petitioner along with other 10 employees approached the higher officers of JKSRTC including the respondents with the representation that they had been deputed on the field duty by the Deputy Manager JKSRTC Depot Khellani and they were very much performing official duty, but had been wrongly reported to be absent un-authorisedly. 3. According to the petitioner, all the consolidated employees of JKSRTC were regularised by order dated 01.08.2002 who were appointed/engaged in the JKSRTC till ending April 2002 by converting them into regular establishment as Jr. Helpers in the pay scale of Rs.
3. According to the petitioner, all the consolidated employees of JKSRTC were regularised by order dated 01.08.2002 who were appointed/engaged in the JKSRTC till ending April 2002 by converting them into regular establishment as Jr. Helpers in the pay scale of Rs. 2525-3300 and immediately after the said order was issued, respondent No. 3 issued a circular dated 05.09.2002 asking all the concerned officers to furnish the list of consolidated payees working in their units who had been engaged by virtue of different orders. When the petitioner and his other colleagues came to know about the circular and order of conversion of the consolidated payee, they also approached their unit officers for getting their cases recommended for their regularisation as all of them had been engaged as consolidated payees but the unit officer did not recommend their case for the reason that their record was seized by the officers of the JKSRTC on 06.03.2002. 4. The petitioner along with his colleagues approached the I/C Depot Manager JKSRTC Khellani with a request for issuing them the attendance as they were suffering financially without any fault on their part and had been working continuously since March 2002 but were not paid their salary because of non release of attendance in their favour. The I/C Depot Manager returned the said representation with the remarks that attendance Register of JKSRTC Depot Khellani has been seized on 06.03.2002 by the officers of SRTC Department. Thereafter, the petitioner and his other colleagues approached the respondents time and again and ultimately, the respondent No. 1 assured to look into the matter. However, respondent Nos. 2 and 3 manipulated a false and frivolous case to justify their illegal and wrong action on which the respondent No. 1 has directed them to engage the consolidated employees afresh. Accordingly, respondent No .3 issued order dated 29.04.2003 re-engaging the consolidated employees of JK SRTC Depot Khellani. The said order does not show the name of the petitioner as one of the employees deputed on field duty. The petitioner on finding that all other consolidated employees who were reported to be absent oh 06.03.2002 have been re-engaged and he has been left out, approached respondent Nos. 1 to 3 with a representation stating that instead of the petitioner, respondent No. 4 has been shown in the re-engagement order though he had never served with the petitioner and others at Khellani.
1 to 3 with a representation stating that instead of the petitioner, respondent No. 4 has been shown in the re-engagement order though he had never served with the petitioner and others at Khellani. However, respondent Nos. 1 to 3 did not pass any orders on the representation of the petitioner. It is stated that many consolidated payees who were engaged much after the petitioner have been regularised as Jr. Helpers and paid the regular pay scale. 5. As the petitioner is also similarly placed and was doing the duty assigned to him, the petitioner cannot be discriminated. 6. It is not in dispute that the petitioner was engaged temporarily by the respondents. The fact that he was absent is not correct as the petitioner and others were deputed on the field duty which fact was not disclosed by the Deputy Manager Khellani to the staff which seized the records. It is also not in dispute that the similarly placed persons were re-engaged and were granted regularisation and they are still in service. In such circumstances, the petitioner is entitled to be re-engaged and regularised also. As the petitioner has not worked from 2003 till date, he is not entitled to get wages for the period he has not worked. Kence, this writ petition is allowed with a direction to 2nd respondent to re-engage and the petitioner from the date, similarly placed persons were ordered to be regularised. Necessary order is directed to be passed within a period of 2 months from the date of receipt of copy of this order. The petitioner is also entitled to the salary as has been paid to the other persons who were disengaged, re-engaged and thereafter regularised. 7. Writ petition is disposed of with the above observations. No costs.