TALIB HUSSAIN Vs. STATE

JUDGEMENT

(1.) It is contended that vide order dated 22nd of June' 1994, Government framed and approved a Scheme for operation and maintenance of Water Supply Scheme in rural areas. In terms of the said Scheme, candidates whose names would be approved by the Village Level Committees were to be engaged as daily wagers. Accordingly, Superintending Engineer-respondent No. 5 submitted a list of candidates for engagement on daily wage basis. Deputy Commissioner-respondent No. 4 in turn recommended the case of the petitioners along with other candidates for engagement on daily wage basis. It is further contended that respondent No. 5 vide communication dated 29th of April' 1995 requested the Executive Engineer, PHE Division, Doda, to submit a list of all completed water supply schemes, which were without any operational staff and required to be made operational, with a further request about the requirement of the staff. Accordingly, respondent No. 3 recommended the case of the petitioners, but department-respondent has not considered their case for engagement on daily wage basis. Further, it is contended that some other persons were engaged, who on completion of seven years service have been regularized. Besides this, the respondents have also engaged some blue-eyed persons. It is accordingly prayed that the respondents be commanded to engage petitioners as daily wagers in terms of the said Scheme and their services be also regularized.

(2.) Respondents have resisted petition on the grounds as detailed in the memo of objections.

(3.) It is apt to reproduce para No. 1-9 of the reply herein: