ZARIFA BEGUM AND ANR. Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioners in this petition are seeking a writ of mandamus directing the respondents for treating them to have been regularized w.e.f.22.07.1989 instead of 06.09.2007 with effect from which their services have actually been regularized in terms of Govt. Order Nos. 596-HME of 2007 dated 06.09.2007 and 582-HME of 2009 dated 30.12.2009. The petitioners have also prayed for a writ of certiorari to quash the aforesaid order to the aforesaid extent and also for quashing the subsequent entries with respect to their date of regularization made in their respective service books.

(2.) The case set up by the petitioners in brief is that vide order dated 22.07.1989 issued by the Chief Medical Officer, Health and Family Welfare, Doda, the petitioners were appointed as Safaiwalas on adhoc basis. The adhoc arrangement against which the petitioners were engaged in the year 1989 came to be extended from time to time. It may be noted that just a few months after the engagement of the petitioners, respondent No.1 came up with Government Order No.1220-GAD of 1989 dated 11.09.1989. Since the petitioners had been appointed on 22.07.1989, therefore, their case was covered under paragraph No.4 of the Government Order dated 11.09.1989 (supra). It appears that the case of the petitioners was not forwarded to the Chief Minister for appropriate orders through the General Administration Department and as a consequence whereof the petitioners were not considered for regularization. Aggrieved, the petitioner approached this Court by filing SWP No.1082/1994 seeking, inter alia, a direction to the respondents for their regularization on permanent basis. The writ petition was disposed of by this Court vide order dated 15.05.1998 directing the respondents to submit the case of the petitioner for consideration of the Chief Minister through General Administration Department in terms of para No.4 of Government Order dated 11.09.1989 for appropriate orders. It was also directed that till the matter is considered by the competent authority, the petitioners would be allowed to continue.

(3.) The order passed by this Court on 15.05.1998 was not immediately complied with by the respondents, which constrained the petitioners to file contempt petition being COA(SW) No.7-D/1999. The contempt petition was disposed of by this Court on 03.03.1999 directing the respondents to comply with the order within a period of three months. The judgment was ultimately complied with and respondent No.1 vide Government Order No.596-HME of 2007 dated 06.09.2007 regularized the services of petitioner No.1 prospectively w.e.f, 06.09.2007. Similarly, services of petitioner No.2 were also regularized by respondent No.1 vide Government Order No.582-HME of 2009 dated 30.12.2009,though, retrospectively w.e.f. 06.09.2007 i.e., the date when the services of petitioner No.1 had been regularized. These orders were accepted by the petitioners and accordingly, entries in their service books too were made.