SHAKEEL AHMAD SHEIKH Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner, aggrieved of order No.345 of 2015 dated 28.08.2015, whereby his claim for regularization has been rejected, has filed the instant petition.

(2.) Before this Court proceeds to deal with the controversy involved in this petition, it would be necessary to take note of contextual facts leading to the filing of this petition I) In terms of Government order No.639-GAD of 1996 dated 09.08.1996, sanction was accorded to the grant of certain incentives to the State Government Employees including Daily Wage Earners to be deployed on election related work in the Valley during the forthcoming State Legislative Elections. It was, inter-alia, provided in the Government Order aforesaid that the daily wagers working in Government, who have not yet completed the prescribed daily wage service of seven years for regularization on 31.03.1996 and who satisfactorily perform election duty in the Valley, would be considered for regularization in relaxation of condition of 7 years' service, after completing only two years of such service. II) On such representation in the Government Order (supra), the petitioner claiming to be working as casual labourer, volunteered to perform election duty and was deputed as such at Polling Station 23/12 Amira Kadal Constituency.

(3.) The respondents have contested this petition by pleading, in their objections, that the petitioner does not fulfil the criteria prescribed in Govt. order No.639-GAD of 1996. The petitioner though performed election duty but has not completed two years of service as a daily wager, as provided in Government order in question, for being eligible to be regularized. The petitioner was engaged on 10.07.1995 and continued to work as casual labourer up to 31.03.1996, thus rendering only 11 months service. It is further urged that the respondents are duty bound to implement the legal provisions as these are, but the case of the petitioner is not covered by the Government Order (supra), as such, his case has been rejected after meticulous examination of the facts of the case and the rules governing the subject.