HARI KRISHAN Vs. STATE OF J AND K

JUDGEMENT

(1.) PETITION is admitted to hearing and taken up for final disposal with the consent of the learned counsel for the parties.

(2.) PETITIONER and rcspondent -5 both were engaged Daily Wagers in the Public Health Engineering Department, Jammu and were assigned the job of Turn Cock. Petitioner was engaged on 1.3.1969 whereas respondent -5 came to be engaged in the year 1972. Both attained supernannuation in May, 1993 at the age of 60 years. They were denied pensionary benefits resulting in filing of two separate writ petitions. Petitioner's Writ Petition bearing SWP No. 1146/93 claiming regularization and consequential pensionary benefits came to be dismissed whereas SWP No. 308/94 filed by respondent -5 was disposed of with the direction to respondents to regularize his service in terms of Government Order No. 458 of 1981 dated 1.9.1981. Pursuant to direction of the court issued in SWP No. 308/94, respondent -5 was allowed benefit of regularization by the Chief Engineer, Public Health Engineering's communication dated 12.5.2000. On the basis of the aforesaid communication, ex -post -facto sanction was accorded in relaxation of upper age limit at initial engagement of respondent -5 vide Government Order No. 175 -PWD of 2000 dated 17.5.2000. Accordingly respondent -5 was granted all the consequential benefits including retiral benefits as a regular government employee.

(3.) OBJECTIONS have been filed by the respondents wherein stand taken is that, petitioner had earlier filed SWP' No. 1146/93 seeking regularization and pensionary benefits and the said writ petition came to be dismissed. Regarding grant of benefit to respondent -5, it is stated that on the basis of direction of the High Court passed in SWP No. 308/94, case of respondent -5 was considered and he was allowed benefit of regularization and consequential pensionary benefit. The sole ground of denial of benefit to the petitioner, is the dismissal of his writ petition.