SUDESH KAPOOR Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioners is seeking to quash the impugned order No. Estt/Gen/733 -34 dated 26 -9 -1994, whereby the petitioner has been discontinued. The petitioner has stated in the petition that the petitioner is working as Daily Wager in the department since the year 1991. The petitioner is a Matriculate and has passed Diploma in Knitting Trade from District Industries Centre, Jammu. The petitioner was employed by the respondent No. 3 as a Daily Wager for a period of 89 days in the year 1991, which arrangement was extended from time to time and the petitioner is continuing against the post till date. The petitioner made an application to the respondents, to regularize her services and to refrain from giving a days break after the expiry of 89 days. The case of the petitioner was referred to the respondent No. 2, who under his order No Estab. JK/113 dated 12 -7 -1994 directed to continue the petitioner on Daily Wage basis without a days break like other Daily Wagers working in the Department. The respondent No. 2 also instructed the respondent No.3 on 9 -3 -1994 to continue the petitioner on Daily Wager till further orders. The respondent No.3 has issued the impugned order for discontinuation of the petitioner which has been challenged on the ground that the petitioner has a right to continue as a Daily Wager in terms of SRO 64 of 1994 dated 24 -3 -1994 and the impugned order has violated fundamental rights of the petitioner.

(2.) THE respondents have failed the objections opposing the petition on the ground as Daily Wager as the arrangement in which the petitioner was working has been discontinued.

(3.) THE learned counsel for the parties has submitted that the petition be disposed of at this stage.