OM RAJ GORKA Vs. STATE OF J&K

JUDGEMENT

(1.) THE facts giving rise to this Letters Patent Appeal may be stated thus:- Engaged as Daily Rated Sectional Officer in the Public Works Department of the State Government in the year 1980, the appellant-Om Raj Gorkha was appointed as Sectional Officer (Civil) on adhoc basis vide Government Order No.22 of 1981 dated 09.01.1981. Pursuant to the selection held for appointment of Sectional Officers (civil), he, along with others, was substantively appointed as such vide Government Order No. PW-114 of 1981 dated 09.03.1981. The post held by him was later re-designated as Junior Engineer Grade-I vide Government Order No.541- PW (I&PHE) of 1993 dated 01.12.1993 w.e.f. 09.03.1981.

(2.) HIS Representation for allowing 50% service benefits in terms of Circular dated 9.9.1997 and to count Service rendered as Daily Rated Worker and on Adhoc basis for the purposes of seniority, having not been responded to, he approached this Court by his Writ Petition, SWP No.465/05, seeking directions against the State-respondents to allow him the benefits indicated hereinabove. His Writ Petition was, however, dismissed by a learned Single Judge vide Judgment and order dated 4.6.2008, holding his Claims untenable.

(3.) THE material on records indicates that the appellant was initially engaged as Daily Wage Sectional Officer in the year 1980 in the Public Works Department. With the approval of the State Recruitment Board, he was later engaged as Sectional Officer, on adhoc basis, vide Government Order No.PW-22 of 1981 dated 09.01.1981, for a period of six months or till selection was made. Later, on being selected, he was substantively appointed as Sectional Officer (Civil) vide Government Order No.114 of 1981 dated 09.03.1981.