ASGER ALI SOFI Vs. STATE OF J&K
LAWS(J&K)-2006-4-24
HIGH COURT OF JAMMU AND KASHMIR
Decided on April 05,2006

Asger Ali Sofi Appellant
VERSUS
STATE OF JANDK Respondents

JUDGEMENT

- (1.) IT is averred in this petition that petitioners came to be engaged as daily -wagers in the year 1988 in terms of order contained in annexure -A to the writ petition. Petitioners were constrained to file SWP No.1099/98 which came to be allowed by this Court in terms of judgment and order dated 14.08.2000, contained in annexure -B to the writ petition. Respondents failed to comply with the directions contained in annexure -B, which constrained the petitioners to file contempt petition which came to be disposed of vide order dated 21.07.2001, contained in annexure -C to the writ petition. Thereafter, it appears that sanction was accorded to the regularization of petitioners in terms of order No.243/PHE/Estt of 2002 dated 29.04.2002, contained in annexure -D, against "non -plan posts" with immediate effect.
(2.) THE petitioners feeling aggrieved of the said order filed SWP No.1306/02 and prayed for regularization of their services retrospectively. The said writ petition came to be disposed of vide order dated 1st December, 2004. Respondents accorded consideration and rejected the claim of petitioners for retrospective regularization vide order No. PHE/LS/8094 -98 dated 14.07.2005, contained in annexure -H to the writ petition (for short, hereinafter, to as impugned order).
(3.) PETITIONERS have prayed for quashing of the impugned order and commanding the respondents to regularize their services retrospectively w.e.f. 01.06.1995 and 01.09.1995. Respondents have filed objections. Heard. Perused. Considered. It is profitable to reproduce the relevant portion of the order contained in annexure -B, herein, which reads as under: - "The petition is disposed of with the direction to the respondents to consider and having the petitioners on regular establishment in terms of SRO -64/1994. The respondents will also release the pay/dues withheld wages if the petitioners have physically works with the respondents." ;


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