BANARSI DASS Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) This writ petition is filed praying for issuance of writ of mandamus directing the respondents to regularise the services of the petitioner as he has completed seven years in service.

(2.) The case of the petitioner is that he was engaged on daily wage basis in Oct., 1993 and completed seven years period in the year 2000 and regularisation having not been granted to him, he filed writ petition SWP No. 1491/2002, wherein the official respondents have taken the stand that petitioner was disengaged for three and half months, therefore, he was not eligible to be regularised from the date of initial appointment.

(3.) To answer the said query, it is submitted by learned counsel for the petitioner that petitioner was disengaged for committing alleged delinquency without any notice and the said disengagement order was challenged before this Court in SWP No. 1513/1999 and this Court, by order dated 22.10.1999, set aside the order of disengagement granting liberty to the respondents to proceed further in the matter. Further it was made clear that petitioner shall not be entitled to the wages from the date of his dis-engagement to the date of his joining. Even though liberty was granted, no further action was taken and the petitioner was allowed to join and is discharging his duty till date.