LAWS(J&K)-2018-3-142

MISS DARAKSHAN ANJUM Vs. COMMISSIONER SECRETARY AND OTHERS

Decided On March 29, 2018
Miss Darakshan Anjum Appellant
V/S
Commissioner Secretary And Others Respondents

JUDGEMENT

(1.) The case of the petitioner is that she was appointed as a daily wager in the year 1994 and continues to be so as on date. The petitioner filed a writ petition bearing SWP no. 1171/2002 earlier in point of time on the grounds that she has been denied the benefit of regularization by the respondent state. The writ petition was decided and determined in her favour and the respondents were directed to consider the case of the petitioner for regularization. The respondents passed an order bearing no. 88-Edu (Technical) 2012 dated 20.4.2012 by which they denied the claim of the regularization of the petitioner. The contention of the petitioner is that her case for regularization has been rejected on extraneous and irrelevant considerations which constrained her to file the instant petition challenging the vires of the order by which she has been denied this benefit. In the premises, the petitioner has implored the grant of following reliefs in her favour:

(2.) The respondents have pleaded in their reply that the petitioner filed SWP bearing no. 1171/2002 which was disposed of and allowed vide judgment dated 18.3.2010 in which they were directed to consider the appointment of the petitioner in the pay scale of Rs. 750-940 (pre-revised) with a further direction to allow the petitioner to rejoin the services as a daily wager and allow her to continue in such capacity till the appointment order is issued in her favour. It has also been stated in the reply that while deciding the aforesaid petition of the petitioner, the court had observed that the petitioner was illegally shown the door and it was accordingly directed that the period from 01.2001 up to the date of the passing of the judgment be counted for seniority benefits though she was not entitled to any wages for the said period for having not worked during such period. It has further been stated that the judgment dated 18.3.2010 passed in SWP no. 1171/2002 was assailed in an LPA wherein notice has been issued to the petitioner. It is further stated that in compliance of the court orders passed in the writ petition, the administrative department allowed the petitioner to join as daily wager subject to the outcome of LPA and her case was submitted for regularization in terms of government order no. 26-F of 1994 read with SRO 64 of 1994 to the Finance Department being the competent authority for the purpose. The Finance Department, it is submitted, considered the matter and observed as under:

(3.) It is further submitted that on consideration of the matter in its entirety and strictly as per the orders of the court and keeping in view the observations of the Finance Department, a detailed and reasoned order came to be passed by the Government of J&K, Technical Education Department, vide government order no. 88-Edu (Tech) of 20`12 dated 20.4.2012 impugned herein, whereunder the case of the petitioner has been rejected for the reasons spelled therein.