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2016 DIGILAW 576 (JK)

Ab. Rashid v. State of J&K

2016-11-07

ALOK ARADHE

body2016
JUDGMENT : Alok Aradhe, J. 1. With the consent of the parties, the matter is taken up on board. In this petition, the petitioner inter alia seeks a direction to the respondents to regularize the services of the petitioner in terms of SRO 64 of 1994 and pay salary to the petitioner as admissible to him w.e.f. 1-12-2000. Facts giving rise to the filing of the writ petition briefly stated are that the petitioner was engaged on daily wage basis in Social Forestry Division w.e.f. 01-12-1993. However, despite completion of service of seven years, the petitioner's services were disengaged on 05-02-2001 on the ground that the petitioner has been employed after 01-04-1994. In the aforesaid factual background, the petitioner approached this Court. 2. Learned Counsel for the petitioner submitted that the controversy in the instant writ petition squarely covered by the order dated 05-10-2016 passed by this Court in SWP No. 1812/2006, which writ petition was disposed of with the direction to the competent authority to consider the case of the writ petitioner in terms of Rule 4 read with Rule 8 of SRO 64 of 1994 and/or in the light of communication dated 10-08-2001 of the Divisional Forest Officer, Social Forestry Division, Ramban. 3. On the other hand, the learned Deputy Advocate General submitted that the claim of the petitioner shall be considered in accordance with law. 4. I have considered the submissions made by learned counsel for the parties and have perused the record. On perusal of communication dated 10-08-2001, it is evident that the petitioner was engaged in the month of December, 1993. The petitioner had completed seven years of service in the month of December, 2000 in terms of Rules 4 and 8 of SRO 64 of 1994. The case of the petitioner, therefore, ought to have been considered for regular-ization. However, instead of considering the case of the petitioner for regularization, services of the petitioner were disengaged w.e.f. 05-02-2001 under the erroneous expression that the petitioner was engaged subsequent to 01-04-1994. In view of the fact that in the month of December 2000 itself, the petitioner had completed seven years of service. However, instead of considering the case of the petitioner for regularization, services of the petitioner were disengaged w.e.f. 05-02-2001 under the erroneous expression that the petitioner was engaged subsequent to 01-04-1994. In view of the fact that in the month of December 2000 itself, the petitioner had completed seven years of service. I deem it proper to direct the competent authority to decide the case of the petitioner with regard to regularization of his service in terms of Rules 4 and 8 of SRO 64 of 1994 and communication dated 10-08-2001 sent by Divisional Forest Officer, Social Forestry Division, Ramban to the Regional Director, Social Forestry Project, Jammu. Let the aforesaid exercise be completed within four months from today. Needless to state that in case the petitioner is found entitled to regularization, he shall be entitled to all consequential benefits. With the aforesaid directions, this writ petition is disposed of accordingly alone with connected MP.