GH. MOHI Vs. ANGURANA & ORS.

JUDGEMENT

(1.) Letters Patent Appeal on hand is directed against order dated 28th Sept. 2012 in Robkar No. 02/2012 in Contempt No.466/2007, arising out of SWP No.506/1992 titled Robkar Vs. Shri Sudhanshu Pandey, whereby Robkar has been held not maintainable and Contempt Petition No.466/2007, dismissed. It would be appropriate to have in first place to have an overview of the facts of the case

(2.) Services of 446 Daily Rated Workers, working in Public Health Engineering Department, Division Handwara, were discontinued/disbanded vide order No. PHE/Works/17809-10 dated 16.03.1992. On the suspicion that their engagement was fake and fabricated. The matter surfaced in District Development Board meeting of Kupwara District, held on 24th May 1993. The Board decided to get the list furnished by Chief Engineer, Public Health Engineering, Kashmir, verified by District Development Commissioner, Kupwara, and to take further action in the matter in light of outcome of such verification.

(3.) The District Development Commissioner, Kupwara, submitted his report vide No.2704-09 dated 14.12,1993, wherein 362 of 449 disbanded Daily Rated Workers were reported to have been engaged in 1989, 1990, 1991 and 1992. In respect of others, either engagement orders were not available or were paid through temporary advances or they were not paid at all. In the meantime, the disbanded Daily Rated Workers aggrieved with the order of Chief Engineer, PHE, (K) dated 16.03.1992, approached High Court with as many as eleven writ petitions, seeking a direction to continue and regularise their services. The writ petitions were disposed of on 19th Oct. 2000 with following order: