LAWS(J&K)-2016-10-24

MOHAN LAL AND ORS Vs. STATE AND ORS

Decided On October 21, 2016
MOHAN LAL And ORS Appellant
V/S
State And Ors Respondents

JUDGEMENT

(1.) Petitioners seek regularization of service besides benefits consequent thereto with effect from the date of completion of seven years service as Daily Wagers. Earlier, SWP No. 2102/2001 filed by the petitioners was disposed of by this Court vide order dated 13.12.2005. Operative part of the same is reproduced hereunder:

(2.) That when needful in terms of aforementioned orders was not done, COA(SW) No. 154/2006 was filed by the petitioners. The same was disposed of vide order dated 01.05.2008 by holding that in view of order dated 29.04.2008 passed by the respondents, no further action was called for. Accordingly, contempt petition was disposed of as settled and rule if any issued was discharged. However, while taking note of the plea that the respondents had not passed any order for grant of back wages in favour of the petitioners, it was observed that no direction was given to the respondents for consideration of the petitioners claim for release of back wages and in case the petitioners had any grievance in respect thereto, they could file a fresh petition.

(3.) That as per averments in the writ petition, petitioners were working against clear vacancies prior to the engagement of one Raj Kumar in 1998 who came to be regularized pursuant to the orders of this Court with immediate effect vide order dated 01.04.1996. Reference has also been given of one Baj Singh and others who were regularized vide order Annexure-D dated 04.08.2001 with effect from date of completion of seven years of service in terms of order of this Court in SWP No. 801/1998 in case titled as Baj Singh & Ors. v. State & Ors.