ABHINAV SHARMA Vs. STATE

JUDGEMENT

(1.) PETITIONERS submit that they had performed duties during the election and as per the Government policy, they should be absorbed in Government service. It is submitted that they are eligible for appointment as pharmacist/Medical assistant.

(2.) THE stand taken by the official respondents is that the post of Medical Assistant is a selection post and has to be filled in accordance with the Rules i.e. SRO 20 of 1992, with regard to the performance of election duties, it is submitted that all those persons who performed such duties were paid their wages and no further right accrues to the them.

(3.) THIS Court in the case reported as 1999 KLJ 17, Abdul Gani Rather vs. State of J&K and others, considered the implication of Government Order No. 355 -GAD of 1996 dated 30th April96. The submission made was that all those employees who have taken part during the parliamentary as well as Assembly elections are entitled to get their services regularized. This was being opposed. What was observed by this Court in para 5 of the judgment is being reproduced below: