GANESH DASS Vs. STATE & ORS.

JUDGEMENT

(1.) The petitioner was given appointment on daily wage basis as Warder in Oct., 1991 in the Prison Department. He was not regularised on the ground that he was not medically fit to the post of Warder. He along with one Parshotam Lal filed writ petition bearing SWP No. 1306/96 for their regularisation as Warders. Said writ petition came to be disposed of vide judgment dated 09.02.1998 by holding that they were entitled to regularisation and they would not be declared unfit merely on the medical unfitness.

(2.) On this, Additional Director General Prison and Fire Service, Jammu issued Order No. 11 of 1998 dated 23.04.1998 whereby he and one Parshotam Lal were appointed as Safai Karamcharis. Petitioner along with one Parshotam Lal immediately represented the respondents for regularisation of their services as Warders in terms of judgment dated 09.02.1998 and change of cadre, but, the respondents vide Order No. 106 of 2002 dated 30.09.2002 considered the case of Parshotam Lal and kept the case of the petitioner pending for want of certain queries with regard to his medical fitness. Thereafter, petitioner was examined by the Medical Board, who declared him medically fit. Petitioner made representations to the respondents, despite that his case for change of cadre from Safaikaramchari to Warder has not been considered. Therefore, through the medium of petition-in-hand petitioner is seeking a writ of mandamus commanding the respondents to appoint/regularize/adjust him as Warder in the Prison Department with all consequential benefits, i.e. arrears of pay seniority as Warder and further promotion.

(3.) Respondents filed reply stating therein that on the basis of judgment dated 09.02.1998 passed by this Court, the case of the petitioner was considered along with one Parshotam Lal. They were appointed as Safai Karamcharis vide order dated 23.04.1998 on the ground that they were found stammering by the Committee constituted. It is also stated that case of one Parshotam Lal was considered for change of cadre only on the ground that he was B.A., B.Ed, and the post of Safai Karamchari was not suitable for him as per his qualification.