ABDUL GANI WANI Vs. STATE OF J AND K
LAWS(J&K)-2006-12-13
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 01,2006

Abdul Gani Wani Appellant
VERSUS
STATE OF J AND K Respondents

JUDGEMENT

MANSOOR AHMAD MIR, J. - (1.) PETITIONER has averred in this writ petition that he came to he appointed as Gardener in Government Girls Higher Secondary School, Pulwama in terms of order No. 221 -22 dated 28.03.1989 passed by respondent No. 5 on monthly wages of Rs. 100/ - per month -contained in annexure -A, and is continuously working in the department -respondents. It is further averred that he is working as Class IV employee for the full day against the post which is vacant in the said school and entitled to equal pay for equal work.
(2.) HE has prayed that respondents he directed to, regularize the services of the petitioner as Class -IVth employee and, pay monthly salary and other service benefits as Class -IVth employee. Respondents have filed reply and specifically pleaded that petitioner is working as contingent employee, not as a Gardener, on consolidated wages of Rs. 100/ - per month. It is further pleaded by respondents that no post of Gardener is on the establishment of respondent department as per the Educational (Subordinate) Service Recruitment Rules, 1979. Petitioner has no right and is not entitled to any regularization.
(3.) PETITIONER has filed rejoinder and pleaded that he is performing the job of Laboratory Bearer right from last11 years without any break from 10 AM to 4 PM. Considered.;


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