Giving relief to the daily wagers, the J&K High Court today directed the State to regularize the services of those who have completed seven years of service.
This landmark judgment was passed by First Puisine Judge, Justice Ramalingam Sudhakar in a petition filed by Swarn Singh.
First Puisine Judge, Justice Ramalingam Sudhakar observed that petitioner claims to be a Daily Rated Worker in the department of Public Health Engineering since 1992, which is disputed by counsel for the respondents by stating that petitioner was engaged in the year 1996.
Be that as it may, at the first instance, petitioner seeks benefit of appointment on the ground that 50% of agricultural land belonging to the family of the petitioner was acquired by the respondents in the year 1992 for construction of a Tube-Well, therefore, he was entitled for appointment on the basis of SRO 181 of 1988, the First Puisine Judge observed.
However, the said plea was rejected by the Chief Engineer, PHE, Department vide his letter dated 8th may, 2002, by holding that petitioner donated the land voluntarily which is less than 50% of his total land and SRO 181 was withdrawn in 1991, whereas the land was acquired in the year 1992, therefore, petitioner was not eligible for appointment.
First Puisine Judge observed, the objection of the respondents appears to be justified, because SRO 181 of 1988 comes with a shelf life and that period has already expired and that the petitioner was not qualified because land was donated subsequently and he does not fall within that criteria.
The alternate prayer of the petitioner is that he should be considered for regularization in terms of Jammu and Kashmir Daily Rated Workers/Work-charged employees (Regularization) Rules, 1994 notified vide SRO 64 and in terms of Govt. order dated 06.11.2001, wherein it is accorded that under Jammu and Kashmir Daily Rated Workers/Work-charged employees (Regularization) Rules, 1994, the daily rated workers who were engaged prior to 31.01.1991 were eligible for regularization after completing seven years of continuous service, First Puisine Judge observed.
However, the authority fail to consider the claim of the petitioner for regularization in terms of Jammu and Kashmir Daily Rated Workers/ Work-charged employees (Regularization) Rules, 1994 and in terms of SRO 64 of 1994 amended by Govt. order No. 1285-GAD dated 06.11.2001.
First Puisine Judge, Justice Ramalingam Sudhakar after hearing both the sides, disposed of petition with the direction to the respondents to regularize the services of the petitioner on completion of seven years of continuous service. JNF