HAMIDULLAH CHANGAL Vs. STATE AND ANR.

JUDGEMENT

(1.) IT appears that in the year 1980, Jammu & Kashmir Industries Limited, made a decision to lease out its match factory unit Baramulla, to WIMCO ltd., and a formal lease deed was executed by the parties on April 30, 1980 containing the terms and conditions. One of the condition provided was that lessee has to take over services of all workmen and supervisors who were working in the Match Factory on the same terms and conditions which were in vogue at that particular point of time.

(2.) PETITIONER was working as Reconciliation Officer at the relevant point of time and was ordered to be transferred back and posted as Manager, Match Factor, Baramulla. The said order also provided that the petitioner be treated as an employee of M/s WIMCO upon his transfer.

(3.) RESPONDENTS in terms of the directions (supra) considered the case of the petitioner and passed order No. JKI/Coj/167/97 dated 17.01.1998, subject matter of the writ petition in hand. In terms of the said order, petitioner came to be appointed as Assistant Manager in the pay scale of Rs. 1825 -3250 after he gave his consent and accepted the terms and conditions of the respondent department which were notified to him. After lapse of more than ten months filed the present writ petition for quashing the impugned order in so far it relates to his "fresh appointment/fresh appointee" with further direction to the respondents to give benefit of promotions and other service benefits which had accrued to him during the intervening period with effect from 01.06.1989 till 20.01.1998, date of impugned order, on the grounds taken in the writ petition.