NARESH KUMAR Vs. STATE OF J&K & ORS.

JUDGEMENT

(1.) The present review petitions have been filed seeking review of the judgment and order dated 29.1.2014, whereby this Court has dismissed two Letters Patent Appeals bearing Nos. 68/2012 and 44/2010.

(2.) While passing the aforementioned judgment, this court held the petitioner not eligible for having his services regularised against t he post of Foreman in the State Health Transport Organization on the ground inter-alia that he belonged to a different organisation i.e. State Malana Organization as both the organisations had maintained separate seniority positions with regard to the employees on their cadre. It was held that the petitioner, in fact, was a Pump Mechanic in the Malaria Organization and, therefore, not eligible to be regularised as Foreman in the State Health Transport Organization in as much as, the said post could be filled up according to the rules i.e. the Jammu and Kashmir Health and Medical (Subordinate) Services Recruitment Rules, 1992, 100% by promotion from Class V category (a) i.e. Driver/Driver-cum-Mechanic with five years experience.

(3.) Reliance was also placed by this court on the judgment of the Apex Court in the case reported as "Secretary, State of Karnataka and Ors. Vs. Uma Devi and Ors.", AIR 2006 SC 1806, which holds that regularisation was not to be a mode of recruitment and to accede to such a proposition would be to introduce a new head of appointment in defiance of the rules or else, it may have the effect of setting at naught the rules itself.