TARIQ AHMAD MIR Vs. STATE OF J&K

JUDGEMENT

(1.) IT is averred in the writ petition that petitioners 1 to 4 and 6 to 8 came to be appointed as Casual Labourers in the year 1991 and petitioner no. 5 came to be engaged as daily wager in the year 1989 and were performing duties as Accountant -cum -Storekeepers. It is further case of the petitioners that the petitioner no. 5 was being paid wages as daily wagers while as respondents 1 to 4 and 6 to 8 were performing their job with out any remuneration. It is also submitted that the petitioners worked against the post of Assistant Craftsman and Accountant -cum -Storekeepers and they prayed that their services be regularized.

(2.) RESPONDENTS have resisted the petition on the ground that the engagement of the petitioners was honorary and is no engagement in the eye of law. The post of Craftsman and Accountant -cum -Storekeeper are to be filled by direct recruitment by selection process and can not be filled by any other method, de hors the rules.

(3.) IT appears that the petitioners 1 to 4 and 6 to 8 came to be engaged as Casual Labourers without any salary but on honorarium basis whereas petitioner no.5 was working as daily wager right from 1989.