ASHAQ HUSSAIN Vs. STATE OF J AND K

JUDGEMENT

(1.) THE question that arises for consideration in this case is whether a daily rated worker, who was engaged after January 31,1994 in violation of Government Order No. 26 -F of 1994 dated January 31,1994, is entitled to the benefit of SRO 64 of 1994 dated March 24,1994

(2.) PETITIONERS admittedly were engaged as daily rated workers after January 31,1994 but before March 31,1994. Government Order No. 26 -F of 1994 restricted engagement of daily wager/daily rated workers in government service, in any form, after March 31,1994. Operative portion of Government Order No. 26 -F of 1994 reads as follows: The practice of engagement of daily wager/daily rated worker in the Government in any form is hereby withdrawn retaining only the concept of casual labour/seasonal labour for specified development departments. The engagement of such casual/seasonal labour shall be on the muster roll for payment of wages and no engagement/appointment orders shall be issued. Further modalities for the purpose shall be worked out as part of the scheme to be issued in statutory form The existing delegation of powers for engagement of daily wager/work charged employees available to field officers is also withdrawn For future, the work charged post should be created only by the Government in consultation with the Finance/Planning Departments.

(3.) ELIGIBILITY for Regularization. - A daily rated worker/work charged employee shall be eligible for regularization on fulfillment of the following conditions: (a)... (f) that he has completed seven years continuous period of working as daily rated worker or work charged employee or partly as daily rated worker and partly as work charged employee. 4. Emphasis is on completion of 7 years' continuous service. Rule 5 deals with regularization of daily rated workers. It says that all the daily rated workers who on 31.3.1994 are eligible under rule 4 for regularization shall with effect from 1.4.1994 be appointed on regular pay scale of class iv category of posts in the scale of Rs. 750 -940. Therefore, those daily rated workers who are eligible under Rule 4 of the Rules can be regularized with effect from April 1,1994. Rule 7 deals with restriction on engagement of daily rated workers/work charged employees and says that with effect from the commencement of these rules, no field/subordinate officer shall have the power for engagement of a daily rated worker or work charged employee in the department and the existing delegation, if any, in this regard is withdrawn. Rule 8 deals with application of Rules to existing daily rated worker and work charged employees. The said provision is extracted below: 8. Application of rules in existing daily rated worker and work charged employee: charged 'employees shall also apply to The policy of absorption of daily rated workers and work such of the existing daily rated workers and work charged employees who may not have completed seven years on March 31,1994 but may complete by the end of subsequent financial years and their absorption shall be considered in that financial year in accordance with the rules.