RAJ KUMAR Vs. STATE AND ORS.

JUDGEMENT

(1.) THE petitioner seeks to quash Order No. 3311 -14/Estt -5 -SF/Rb dated 6. 9. 2002 passed by the Divisional Forest Officer, Social Forestry, Ramban, respondent No. 4 rejecting the case of the petitioner for regularization of the service on the strength of having worked as casual labourer.

(2.) THE petitioner admittedly was engaged on 1. 5. 1994 as casual labourer which is evident from the Annexure A enclosed with the petition, a list maintained by respondents in respect of the casual labourers. The petitioner has been shown as engaged on 1. 5. 1994. The petitioner applied for regularization of service. His case was considered and has been rejected vide impugned order on the ground that the appointment of the petitioner is de hors the instructions contained in Govt. Order No. 26 -F of 1994 dated 31. 1. 1994 and SRO 64 of 1994.

(3.) THE respondents have filed objections stating therein that the petitioner was engaged during the ban period. He has been dis -engaged w. e. f. 5. 2. 2001 in compliance to Govt. Order No. 144 -GAD of 2001 dated 2.2.2001 which contemplates that all those casual labourers who have been engaged after 31.1.1994 should be dis -engaged. Whether such casual labourer who has been engaged after 31. 1. 1994 is entitled to seek regularization of his service was an issue before the court in a batch of writ petitions which were disposed of on 10.10.2002 (Showkat Ahmad Mir and Ors. and allied petitions v. State of J&K and Ors.). The Court observed as under: -