RUMIL SHARMA Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) These are two writ petitions filed by petitioner, Rumil Sharma.

(2.) The common ground of both the sides is that respondents 4 to 6 (private respondents) were initially engaged by the State Road Transport Corporation, herein respondents 2 and 3, (for short to be referred to as the respondent-Corporation) on consolidated basis in January, 2002. Shortly after their engagement they were sent on deputation to the Motor Vehicles Department of the State. In the same year, respondent-Corporation by its order No. 627-JKSRTC/MD of 2002 dated 01.08.2002 regularized all the consolidated payees engaged up to ending April, 2002 as helpers in the pay scale of Rs. 2550-3300 in their regular establishment. It is alleged by the petitioner that the initial engagement of the private respondents was made without inviting applications and adopting the selection process. This is not denied by the respondent-Corporation.

(3.) The writ petition in SWP No. 791/2002 was filed by the petitioner challenging primarily the consolidated engagement of the private respondents and their deputation to the State Government. In addition, he sought writ of mandamus directing the respondent-Corporation to appoint him also on consolidated basis on the same analogy and writ of prohibition restraining the respondent-Corporation from regularizing the services of the private respondents.