MOHD TAYOOB LAHERWAL Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-2006-5-3
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 04,2006

MOHD.TAYOOB LAHERWAL Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

MANSOOR AHMAD MIR, J. - (1.) The petitioners have invoked the jurisdiction of this Court in terms of Article 226 of the Constitution of India read with Section 106 of the Jammu and Kashmir State Constitution, for issuance of direction, commanding the respondents to regularise the services of the petitioners against the post of Raft Guides/Aquatic Sports Instructors in the pay scale attached to the said post retrospectively w.e.f. June 18, 1988, on the grounds taken in the writ petition.
(2.) It is averred in the writ petition that petitioners came to be engaged as daily-rated workers in terms of order contained in Annexure P-2 and were allowed to continue as daily-rated River Guides from time to time and their services came to be regularised against the post of Class-IV in the pay scale of Rs. 750-940 vide order No. Est/10 of 1996 dated April 20, 1996, contained in Annexure-P5.
(3.) Grievance of the petitioners is that they were entitled to regularisation against the post of Raft Guides/Aquatic Sports Instructors but came to be regularised against Class-IV posts. Petitioners made representations contained in Annexures P6 and P- 7. Respondent No. 3 made communication to respondent No. 2 for creating posts and adjusting the petitioners as Raft Guides/ Aquatic Sports Instructors, contained in Annexure P-8. Petitioners are highly skilled and have undergone special courses in River Raft Training. Petitioners have organized raft courses in Jammu Division and also organized, departmental rafting programme, other courses and also Interstate Championship at Mansar, Jammu in the year 1996.;


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