BILAL AHMAD LONE Vs. STATE OF J&K

JUDGEMENT

(1.) HEARD . Admit. Notice. Notice accepted by M/s A.M. Magray, AAG and N.H. Shah, Dy. AG. Learned counsel for respondents submits that objections already filed be treated as counter affidavit. Ordered accordingly. Learned counsel for petitioner submits that he does not want to file any rejoinder affidavit. His statement is taken on record. Prayer is allowed. With the consent of learned counsel for parties this petition is taken up for final disposal.

(2.) PETITIONER in this writ petition states that he had filed SWP No. 1077/2005 praying therein for issuance of writ of Mandamus commanding the respondents to deem the deceased father of the petitioner to have been regularized under SRO -64 of 1994 from the year 1992 and petitioner being his son be appointed under SRO -43 of 1994. Petitioner has further projected that pending disposal of the said writ petition, respondents had filed their objections in the year 2006 in which it was stated that the case of the deceased father of the petitioner was submitted for regularization under SRO -64 of 1994 along with other daily wagers in the year 1995. Excepting father of the petitioner other daily wagers were brought on Regular Temporary establishment. In view of the objection raised that the father of the petitioner being ex -serviceman, would not be entitled to benefit of regularization under SRO -64 of 1994, the Chief Engineer vide his communication no. GE -30 5902 -03 dated 15th of July, 1995 addressed to Commissioner / Secretary to Government Public Works Department, Srinagar, informed him that the father of the petitioner was one of those daily wagers who have been brought on regular temporary establishment as per Govt. order but no formal order was passed in favour of the father of the petitioner as he belongs to the category of ex -serviceman. The clarification was sought as to whether he is entitled for regularization under SRO -64 of 1994. The communication of Chief Engineer is reproduced as under: "As reported by the Superintending Engineer Mech. I&FC Circle Srinagar vide his letter No. NCO/510 -11 dated 5.6.1995 (copy enclosed) one Said -Ullah S/o Ahmadullah R/o Khanjikhul Anantnag is amongst the daily wagers who have been brought on R/T establishment as per Govt. order No. quoted above with effect from 1.4.1994. The daily wagers is an ex -serviceman and on this ground formal order have not been issue in his favour by the Executive Engineer. It may kindly be clarified if the category of the ex -service man also falls under the provision of item (4d) of the SRO -64 dated 24.3.1994 or otherwise."

(3.) THE Under Secretary to Government I&FC/HE Department, Srinagar vide his communication No. PW (IFK) 51/98 dated 18th of August, 1998 informed the Chief Engineer, Irrigation and PC Department, Srinagar that father of the petitioner Sh. Saidullah Lone being ex -serviceman cannot be regularized on the present post. The copy of this communication is reproduced as under: "I am directed to refer your letter NO. GE/IC 1089 dated 25.04.1998 regarding the subject cited above and to say that Sh Saidullah Lone being an ex -serviceman cannot be regularized on the present post."