STATE OF J&K & ORS. Vs. RAKESH KUMAR

JUDGEMENT

(1.) This appeal is preferred against the order made in SWP No. 2822/2001 dated 26.11.2009, wherein the learned Single Judge had directed the appellants herein to regularise the services of the writ petitioner with effect from the date he became eligible within a period of three months from the date a copy of the order was served upon them. It was also ordered that respondent would be entitled to all other benefits which he would otherwise have received on the completion of the seven years service.

(2.) The case of the writ petitioner before the writ Court was that he was appointed as Daily Wager in the month of Aug., 1996 against the sanctioned post in the Medical College, Jammu vide recommendation dated 28.09.1999 along with 47 other persons as Daily Wagers and on completion of seven years of requisite service, he would be entitled for regularisation under SRO-64 of 1994. The Principal Medical College, Jammu vide his communication dated 13.03.2001 recommended that out of 47 persons appointed as Daily Wagers, 39 persons had completed the requisite term of seven years and were required to be regularised leaving 08 persons who had not completed the requisite period.

(3.) According to the appellants, since the writ petitioner was appointed in the year 1996, he had not completed the seven years when Govt. Order No. 144-GAD of 2001, dated 02.02.2001. The writ petitioner on earlier occasion approached this Court by filing writ petition bearing SWP No. 1364/1998 along with 40 others seeking regularisation. The said writ petition was disposed of with a direction to the appellants to take steps to regularise the services of 41 writ petitioners including the writ petitioner herein by following the judgment of Honourable the Supreme Court reported in AIR 1992 SC 2130 (State of Haryana Vs. Piara Singh) within a period of three months with further direction to consider the claim of the monetary benefits and same shall be settled within a period of three months, otherwise they would be entitled to get interest @ 12%. The said order having not been complied with, the contempt petition bearing COA (SW) No. 284/1998 was preferred, which was disposed of on 20.10.1999, taking note of the Govt. Order issued on 28.09.1999 stating that on completion of seven years of continuous service of the contempt petitioners, their names for regularisation will be considered. It is also stated that the daily wagers will complete 7 years of service ranging from 28.04.2000 to Nov., 2003. Taking note of the said Government order issued, the contempt petition was disposed of as infructuous by stating that if the contempt petitioners have any grievance vis-a-vis the dates of their regularisation, they can challenge the same in forums available to them and the writ petitioner was allowed to continue. In spite of the issuance of said Govt. Order No.144-GAD of 2001, dated 02.02.2001, the writ petitioner was allowed to continue and he is still continuing as daily wager i.e. for about 20 years.