AZI BIBI Vs. STATE OF J&K AND ORS

JUDGEMENT

(1.) This letters Patent Appeal has arisen out of Judgement dated 02.05.1998 whereby the writ petition seeking regularization of services has been dismissed by the Learned Single Judge.

(2.) The appellant alongwith 19 other writ petitioners, came to be appointed by Principal, Government Degree College for Women, Nawakadal, Srinagar, Respondent No. 4, on consolidated wages of Rs. 700/- per month. Their grievance is that though they have been appointed as Class - IV employees since 6 to 8 years, neither their services have been regularized nor the pay of the post on which they are working is being released in their favour. It was also pleaded that they are facing break of one day in service after every sixty days which has the effect of not only depriving them of the continuity of service but also the wages of the break period. They are apprehensive of termination of their ser vices. Thus, they seek also the relief of direction to the respondents to allow them to hold their respective class - IV Posts, besides regularizations and the pay and allowances of the said posts.

(3.) The respondents, in their reply, have submitted that petitioners were engaged on consolidated wages and the money for payment of the wages was begin raised by the college out of the local fund collected from the students. It is also stated that the amount of wages payable to the appellant is not debatable to any state fund. The engagement of the appellant is not against any post as no class -IV vacancy is available in the college.