MOHD FAROOQ Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) PETITIONERS were appointed as Executive Helper, Line man and Switch Board Attendant in the respondent-department between the period from 1989 to 1994. They are working in the department since then. Their services have been regularised from time to time. Services of petitioners 1 and 2 have been regularised w. e. f. 10. 1. 2004, petitioners No. 3, 8 and 14 w. e. f. 24. 12. 2003, petitioners no. 4, 6 and 10 w. e. f. 1. 1. 2004, Petitioners No. 5 and 7 w. e. f. 13. 3. 2004, petitioner No. 9 w. e. f. 6. 11. 2004, petitioner No. 11 w. e. f. 30. 11. 2004 , petitioner No. 12 w. e. f. 13. 3. 2001, petitioner No. 13 w. e. f. 15. 4. 2005 and petitioner No. 15 w. e. f. 17. 1. 2004, while as petitioners have completed their 7 years of service in July 1996, november, 1998, April 2000, June 1997, July 2000, October 1998, march 2001, October 1998 and June 1996 respectively. Their regularisation has been directed prospectively and no benefit has been given to them for the past service as they were eligible for regulrisation immediately on completion of 7 years of continued period of work as daily rated workers. Through the medium of the present petition they seek a direction to the respondents to consider their cases to give effect to their regularisation w. e. f. the date they completed 7 years of daily rated service.

(2.) RESPONDENTS have in their reply stated that as per SRO 64 of 1994 all the daily rated workers, who were engaged before 31. 3. 1994, were to be considered for regularisation on certain criteria i. e 7 years regular service as daily wagers, creation of posts, availibility of vacancies and seniority of the incumbent. It is further stated that completing 7 years ipso-facto does not confer any right on the incumbent to claim regularisation. Heard. I have considered the matter.

(3.) THE petitioners are aggrieved that though their services have been regularised in terms of SRO 64 of 1994, the benefit of regularisation has not been accorded to them from the date they completed 7 years of service. The petitioners state that as per rule 4 of SRO 64 of 1994 the 'daily rated worker shall be eligible for regularisation after completing 7 years continued period of working as daily rated worker'. As per rule 5 all daily rated workers are eligible for regularisation and under rule 8 the daily rated workers who may not complete 7 years on 31. 3. 1994 but may complete by the end of subsequent financial years, their absorption shall be considered in that financial year. Since the petitioners completed their 7 years daily rated service in the years 1996, 1997,1998,1999,2000 and 2001 they are entitled for regularisation from these dates i. e when they completed 7 years of service. The petitioners have further stated that in similarly situated persons respondents have given retrospective effect of regularisation but the petitioners have been denied this benefit without any reasonable cause and reason.