MOHD ARAF QAZI Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioners have averred in this petition that they were appointed on adhoc basis as Basic Health Worker in the year 1991 against clear vacancies in the pay scale of Rs.1200 -2040 revised Rs.4000 -6000 and were posted at Sub District Hospital, Tangdar. Further, it has been averred that petitioner no.1 came to be appointed as Class -IV employee vide order No. Est -II/2998 -91 dated 01.08.1997. The copy of the order is annexed as annexure -A to the writ petition. And petitioner No.2 was also appointed as Class -IV employee. The petitioners requested respondent No.2 to issue orders and adjust the petitioners against the post of Basic Health Worker which are lying vacant in Sub District Hospital, Tangdar. The petitioners made representations for regularizing their services against the post of Basic Health Worker but their grievances have not been redressed so far.

(2.) THE private respondents 4 and 5 had filed writ petition (SWP NO. 2473 -74/97) titled Khazir Mohammad Shah and another Vs. State of J&K and their services have been regularized as Basic Health Worker. The petitioners have averred that they are similarly situated and have prayed that official respondents be directed to give them the same treatment as has been given to the private respondents and have further prayed that respondents be commanded to appoint the petitioners against the posts of Basic Health Worker and to give them the retrospective effect against the said post and also release the pay scale attached to the post of Basic Health Worker.

(3.) THE respondents have filed reply. It is profitable to reproduce paras 1, 3 and 4 of the reply herein; - 1. That the writ petition is totally misconceived and misdirected inasmuch as the petitioner has no case at all. The petitioners were engaged against Class IV posts (Nursing Orderlies) in 1991. Petitioner No.1 was appointed as Class IV vide order No. Estt -II/2988 -91 dated 01.08.1997 and was directed to draw his salary against the available post of Basic Health Worker as no Class IV post was available. Petitioner No.2 was also engaged and approval to his regularization was accorded by the competent authority vide order No. Est -I/1338 -39 dt. 23.6.1999. As such the relief claimed in the writ petition is not at all available to the petitioners. 3. That the petitioners were always working as Class IV employees and not as Basic Health Workers and as such they have been paid their wages as Class IV employees. They have never been appointed as Basic Health Workers. As such question of their claiming pay scale of the post of Basic Health Workers, does not arise at all. These post, it may be reiterated, are promotional posts and no recruitment against these posts is permissible under rules by direct appointment. On this count also, the claim putforth by the petitioners, does not hold good.