MUMTAZ ALI Vs. STATE

JUDGEMENT

(1.) Admitted position of the case is that the petitioner was engaged as daily wager in then Food & Supplies Department (now CAPD) vide order No.F&S/DW/C-92-93 dated 01.03.1993, as such, was continuously working till his appointment as Class IV vide order dated 15.6.2011 in compliance to order dated 13.5.2011 passed by this Court while disposing of his earlier writ petition(SWP) No.672/209.

(2.) SRO 400 has been notified on 24.12.2009 where-under New Pension Scheme has been sanctioned and made applicable to the appointments made with effect from 01.01.2010.

(3.) Number of daily wagers, with whom petitioner was working, have been regularized in terms of SRO 64 of 1994 as Helpers with effect from 1.4.2001 vide Govt. order bearing No.101-CAPD of 2011 dated 27.12.2011. In view of this development petitioner claim that his rights are jeopardized as on one hand his seniority position is effected and on the other hand he will be governed by the New Pension Scheme.