MOHD AMIN PARRA Vs. STATE OF J&K

JUDGEMENT

(1.) THIS LPA has arisen out of judgment and order dated: 26 -09 -2000 passed in SWP No. 1154/94 whereby the cause of the petitioners that they should have been regularised against the post of Works Supervisors and not as Helpers has been dismissed by the learned Single Judge.

(2.) THE appellants were engaged as Daily Rated Workers in the year 1987 and 1988 and had been discharging the duties of Works Supervisors till their services came to be regularised under SRO 64 of 1994 as Helpers in the pay scale of Rs. 750 -940 (un -revised). Aggrieved of their regularisation against the post of Helper they approached the court for regularisation of their services as Works Supervisors in the pay scale of Rs. 775 -1025. The learned Single Judge after appreciating the rival contentions, has dismissed the writ petition observing that the appellants were not entitled to be regularised as Works Supervisors and have rightly been regularised against the post of Helpers.

(3.) THE appellants has challenged the order under appeal on the ground that the learned Single Judge has come to erroneous conclusion as the appellants were entitled to be regularised as Works Supervisors in the pay scale of the said post in terms of SRO 59 of 1990 which provides the pay scales for the posts of Works Supervisors. The provisions of SRO 64 of 1994 should not have been made applicable in the cases of the appellants.