KHER SINGH AND ANR. Vs. STATE OF J&K

JUDGEMENT

(1.) The short grievance raised in all these writ petitions is that the petitioners are working as contingent paid employees and are serving as sweeper/waterman in different schools in the District, Doda. They claim to have been appointed on different dates and have been receiving the minimum salary ranging from Rs. 500/- to Rs. 1,000/- per year. It is claimed by the petitioners that the Government with a view to provide for their regular absorption framed Jammu& Kashmir School Education (Subordinate) Service Recruitment Rules, 2008 vide SRO 308 dated 16.10.2008. By virtue of aforesaid Rules, the posts of Orderlies/Peons/Chowkidars/Mallies/Garnders etc. are to be filled up 50% by direct recruitment and 50% by selection from middle pass contingent/local fund paid employees by a Committee duly constituted for the purpose by the concerned Director School Education. The grievance projected by the petitioners in all these writ petitions is that, although the respondents have been appointing the contingent paid/local fund paid employees as Class-IV i.e., Orderlies/Peons/Chowkidars etc in terms of SRO 308 of 2008 but while making selection of the candidates for appointment, the respondents are acting arbitrary and in the process many senior persons like the petitioners have been left out and the contingent paid employees, who were appointed later in point of time than the petitioners have been absorbed. The petitioners are, therefore, aggrieved of the discriminatory attitude adopted by the respondents while making appointments to the Class-IV posts from amongst the available contingent paid/local fund paid employees.

(2.) For the sake of brevity and proper appreciation, the facts as projected in these writ petitions may be noticed:-

(3.) From the facts of the aforesaid petitions, it is abundantly clear that the grievance of the petitioners in all the three writ petitions is common and the petitioners, as stated herein above, have been working in different schools of District Doda as contingent paid employees having been engaged on different dates. It is also in dispute that the contingent paid employees like petitioners engaged in different schools as Sweepers/waterman/water woman were being paid a meager sum of Rs. 500/- to Rs. 1000/- per year. These employees accepted to work for this small amount legitimately expecting that sooner than later they would be absorbed in regular government service. Many contingent employees like the petitioners, therefore, approached this Court by way of different writ petitions claiming, inter alia, that they should be paid atleast minimum wages as laid down in the Minimum Wages Act, 1948 and that there should be some scheme for their regularization in government service after completing requisite number of years in service as contingent paid employees. Pursuant to the directions issued by this Court from time to time, respondents ultimately conceded the demand of these contingent paid employees and made a provision for their regular appointment while promulgating Jammu& Kashmir School Education (Subordinate) Service Recruitment Rules, 2008 issued vide SRO 308 of 2008. In the aforesaid Recruitment Rules, it was for the first time provided that 50% of the Class-IV posts like Orderlies/Peon/Mallies/Chowkidars etc. would be filled up by selection from middle pass contingent paid/local fund employees to be selected by a Committee constituted by the concerned Director School Education.