GH. HASSAN GANAI Vs. STATE OF J&K

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the writ petition is admitted to hearing and is taken up for final consideration.

(2.) Briefly stated, the facts of the case are that the petitioner came to be engaged as Driver on consolidated pay of Rs. 3,000/- per month vide order No.490-DRDK of 1999 dated 27.10.1999 issued by the Director Rural Development Department, Kashmir. The petitioner was allowed to continue in the respondent-department by virtue of various orders issued by the respondents from time to time. The petitioner was, however, regularized vide Government order No.197-RD& PR of 2013 dated 25.07.2013 prospectively.

(3.) The petitioner claims that he was entitled to be regularized retrospectively with effect from November, 2006 when he completed seven years of service as consolidated employee or atleast within a period of 150 days posterior to the appointed date, i.e. the date on which the Jammu and Kashmir Civil Service (Special Provisions) Act of 2010 came into force in terms of the judgment of the Division Bench of this Court passed in Review Petition No.25/2016 titled Mrs. Rabia Shah and others v. State of J &K and others dated 07.09.2016, which has been subsequently followed in LPASW No.118/2017 titled State of J &K and others v. Afaq Rasool Gadda and another dated 04.08.2017.