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2017 DIGILAW 501 (JK)

Ricky Kumar v. State

2017-08-01

B.S.WALIA

body2017
JUDGMENT : 1. Writ petition has been filed praying for the following reliefs:- (i). Writ of mandamus commanding the respondents to regularize the service of the petitioner as Bill Distributor in terms of the provisions of the J&K Power Development Department (Subordinate) Service Recruitment, Rules, 1981 read with Cabinet Decision No.151/23/2012 dated 30.08.2012 or any other rule, order circular governing the employees similarly situated with that of the petitioner; (ii). Writ of mandamus commanding the respondents to release unpaid monthly minimum wages of the petitioner in view of his admittedly working as Bill Distributor in feeder D-3 since April, 2007 till date and also pay/release the minimum wages continuously; (iii). Writ of prohibition restraining the respondents from taking any action disadvantageous to the service interest of the petitioner by terminating/disengaging the service of the petitioner; & (iv). Any other writ, order, command or directions which this Hon’ble Court may deem just and proper in the given facts and circumstances of the case may also be passed in favour of petitioner and against the respondents. 2. Learned counsel contends that the petitioner would be satisfied if the writ petition is disposed of by directing the respondents to consider the claim of the petitioner for regularization in accordance with the provisions of the Jammu and Kashmir Power Development Department (Subordinate) Service Recruitment, Rules, 1981 read with Cabinet Decision No.151/23/2012 dated 30.08.2012 as also to release unpaid monthly minimum wages of the petitioner for the period he has admittedly worked. 3. Learned counsel for the respondents states that he has no objection to the limited prayer of the petitioner. 4. Statement of learned counsel for the parties is taken on record. With their consent, writ petition is taken on board and is disposed of by directing the respondents to consider the claim of the petitioner for regularization in the light of the provisions of the Jammu and Kashmir Power Development Department (Subordinate) Service Recruitment, Rules, 1981 read with Cabinet Decision No.151/23/2012 dated 30.08.2012 provided the same are applicable and to decide the claim of the petitioner herein in accordance with law as expeditiously as possible preferably within a period of six weeks from the date, certified copy of the order is submitted by the petitioner to the respondents. Respondents shall also consider the claim of the petitioner for release of the unpaid monthly minimum wages as per the entitlement of the petitioner in accordance with the rules and regulations applicable for the period, he has admittedly worked and in case, any amount is due and payable, the same be released to the petitioner within the aforementioned period of time. It is further directed that in terms of order dated 03.02.2016, if the petitioner is working as on date, status quo shall be maintained till a decision is taken on his claim. With the aforementioned directions, writ petition alongwith MP stands disposed of.