LAWS(J&K)-2009-9-18

SUNIL KUMAR DUBEY Vs. STATE AND ORS.

Decided On September 11, 2009
SUNIL KUMAR DUBEY Appellant
V/S
State And Ors Respondents

JUDGEMENT

(1.) It is averred in the writ petition that the petitioner was engaged as a daily wager by the respondent-Department and was discharging his duties as Work Supervisor (Civil), came to be regularized with effect from April 1997 as Helper and is performing his duties as such. While the respondents have considered the cases of one Parshan Kumar and Rajinder Kumar and placed them in the cadre of Work Supervisor (Civil), but have not regularized his services in the said cadre. He, accordingly, pleaded that the respondents be directed to consider his case for change of his designation as Work Supervisor (Civil) and thereafter to maintain his seniority.

(2.) The respondents have filed the reply. It is contended that the case of petitioner and said persons are not similar, but are differently situated. Both the said employees came to be regularized as Helper in terms of SRO 64 of 1999 and thereafter came to be designated as Work Supervisor on the basis of their nature of duties. However, it is contended that the case of Darshan Kumar came to be considered in terms of the judgment of the Court. It is further contended that the case of petitioner will be considered as per the rules and regulations occupying the filed.

(3.) With the consent of learned counsel for the parties this writ petition is admitted and is taken up for final disposal.