PRITA MASIH Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner-Prita Masih S/o Late Sh. Surjan Masih R/o Village Darsupur, Miran Sahib, Jammu, was engaged as Safaiwalla on daily wage basis in the office of Principal, Forest Guard Training School, Doomi, Akhnoor. His services were later on regularized as Safai Karamchari vide order no. 46 of 2001 dated 9.1.2001. Vide impugned order no. 137 of 2009 dated May 30, 2009, his services stand cancelled/revoked. The ground shown in the order for such revocation/cancellation, is that the petitioner is a non-State Subject, as such, his employment as Safai Karamchari, allegedly managed by him fraudulently, cannot sustain. The petitioner is aggrieved of the same. He has filed this petition seeking a writ of certiorari quashing order no. 137 of 2009 dated 30.5.2009. He also seeks a writ of mandamus directing the respondents to allow him to perform the duties as Safai Karamchari in the office of respondent no. 3.

(2.) Respondents have filed their objections wherein it is stated that the petitioner is a non-State Subject. He produced a fake State Subject to get the engagement and that being a non-State Subject, he cannot be allowed to work in the government employment. They further state that regularization of petitioner's services has not been done in accordance with rules.

(3.) Heard. Considered.