GH. MOHD. SHEIKH Vs. STATE

JUDGEMENT

(1.) PETITIONERS seek issuance of writ of Mandamus commanding the respondent to regularise the services of the petitioners in terms of the provisions of SRO 64/1994 against Class 4th posts from the date they have been working as Sweepers and also to pay salary of the post from the date of their initial appointment. They further pray for similar treatment which have been extended to the similarly circumstanced employees whose services have been regularised in the Department.

(2.) THE petitioners were initially engaged as Sweepers for cleaning the offices on a monthly remuneration of Rs. 100 to 150/ -. The wages of all the Sweepers of the Department were enhanced to Rs. 750/ - p.m. with effect from 1995 by the Principal Chief Conservator of Forests vide his order No. 20/95 dated 31 -1 -1995. The petitioners are also getting wages of Rs. 750/ -p.m. accordingly. They seek regularisation of services on the ground that similarly situated sweepers, who were being paid remuneration out of the Contingency Fund of the department, their services have been regularised. Respondents were notified. They have not filed the objections. However, Mr. Attar, AAG, has submitted that the pleas and the grounds set up in the petition are not sustainable as these have already been settled by various judgments of this court including the Division Bench judgment and, therefore, the writ petition requires dismissal.

(3.) IN rebuttal Mr. Attar, AAG has submitted that Writ Petition No. 933/91 has been disposed of on admitted facts that the petitioners of that writ petition were working as Daily Wagers and not as contingent paid sweeper as the petitioners are. He has also disputed the application of Khatija Begum's case as she was working against a post whereas the petitioners are not working against posts. In support of his plea, Mr. Attar has relied upon the Division Bench judgment of this court delivered in case titled State v. Anjuman Noor Bano reported in 2000 SLJ 150.