RAQEEBA SULTAN Vs. STATE AND ORS.

JUDGEMENT

(1.) PETITIONER is working in the Forest Department. Her claim for regularization was not considered on the ground as projected by the respondents in their reply affidavit that break is caused in her services from 1st March, 1994 to 31st March, 1994 and 1st May, 1994 to 31st May, 1994. It is further claimed by the respondents that petitioner was working as casual labour. Learned counsel for the petitioner referred to Communication (Annexure -D) dated 16th October, 2007 sent by Director, Social Forestry Department, Kashmir to Commissioner/Secretary to Government, Forest Department, Srinagar, wherein the petitioner has been specifically referred to as Daily Wager of Social Forestry Division, Srinagar under SRO -64 of 1994. Learned counsel also referred to the certificates issued by the consultant SKIMS to indicate that during the period, which has been shown to have caused break in services, she was suffering from Congestive Heart Failure and was put on medication. The certificate also shows that she was asked to take complete bed rest for the period break is caused in her services. Reference was also made to other documents which are placed on record to substantiate her plea.

(2.) LEARNED counsel also referred to the supplementary affidavit, in which, it is projected that the Finance Department has issued a Circular, wherein it is provided that if the Daily Rated Worker remains absent from duties, which absence is beyond her/his control and on account of her/his ill health or family (family as defined in the J&K CSRs), or death of family member; or any other circumstances not attributable to the negligence of the Daily Rated Workers, then break shall not affect her right to seek regularization. Learned counsel submitted that in view of this Circular, the break of two months which has occasioned in the services of the petitioner cannot constitute a break in her services and on this ground the claim of the petitioner for regularization of her services under SRO 64 of 1994 cannot be denied.

(3.) THERE can be many reasons and constraints which have been recognized by the Finance Department itself. The petitioner and persons falling in her class cannot be subjected to discrimination with the permanent Government services on certain counts.