MOHD MAQBOOL BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) THIS petition merits dismissal as it is not only misconceived but filing of the same is ill advised as well.

(2.) PETITIONERS were engaged as Assistant Instructor/Assistant Craftsman and Senior Craftsman on Contractual basis. The State Government which is duty bound to function in accordance with the Constitutional provisions and other laws and which according to the Constitution is a welfare State, in order to mitigate the hardships of these contractual employees, took a policy decision for bringing them on regular time pay scales. The policy decision of the State Government got crystallized and reflected in Government Order No. 157 -IND of 1991 dated 21.06.1991. Besides, petitioners scores of other similar circumstanced contractual employees were brought on regular time pay scales.

(3.) AS some of the contractual employees after being brought on regular time scale retired on superannuation, but because of short spell of regular service could not get the pensionary benefits, the Government again took a decision and decided to add that part of the contractual period of service, which would make up deficiency in qualifying service, to enable the beneficiaries to get pensionary benefit under Article 240 AAA of J&K CSR, and accordingly Government Order No. 54 -IND of 1998 dated 10th February, 1998 was issued.