AB RASHID DAR Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioners have averred that they are entitled to regularization from the date they completed seven years of service in terms of annexure -C. In terms of the orders of this Court, the petitioners have been regularized from the date of issuance of order but have not been regularized from the date when they completed seven years of service. Thus the action of the respondents is arbitrary because petitioners are entitled to be regularized from the date of completion of seven years and not from the date of issuance of order and petitioners are also entitled to the same treatment which as been given to other daily wagers.

(2.) THE respondents have resisted the petition on the grounds that in terms of Rule 3 of SRO 64, the constituted Empowered Committee was required to create posts for considering the regularization of eligible daily rated workers. The petitioners along with other daily rated workers approached this court in terms of SWP Nos.1938/99, 1751/99,1169/2000, 1082/98, 333/2000 and sought regularization of their services. The matter was taken up with Administrative Department for creation of the requisite posts and the competent authority directed respondent No. 3 to regularize the services of the petitioners against the post of Helpers and accordingly the petitioners along with other daily rated workers came to be regularized as per the order bearing No. 297 dated 02.12.2000 against available post of Helpers in the grade of Rs. 2550 -3200. The effect of regularization was not given retrospectively from the date of completion of seven years of service because of the fact that posts were not available at that relevant point of time and under rules regularization cannot be granted against the non -existent posts.

(3.) CONSIDERED . Rule 3 of SRO 64 reads as under; -