HAMIDULLAH DAR Vs. J&K PROJECT CONSTRUCTION CORP , SRINAGAR
HIGH COURT OF JAMMU AND KASHMIR
JAndK Project Construction Corp , Srinagar
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(1.) ALL non -technical/ non -engineering employees working on consolidated salary in the J&K Projects Construction Corporation (Ltd.) Srinagar were
in terms of Managing Directors Order No. J&KPCC/ 88 dated 24 -6 -1988
directed to be paid enhanced consolidated wages at Rs. 700/ - p.m. w.e.f.
1.9.1987. Notwithstanding this benefit of enhanced consolidated wages, the petitioner was appointed by the General Manager of the Corporation
vide Order No. 10203 -06 dated 12 -11 -1988, as a typist on the consolidated
wages Rs. 600/ - p.m. only. It was in the same month that respondent no. 3
Smt. Nisara Rasool came to be engaged as a typist on the enhanced wages
of Rs. 700/ - p.m. Observation at this very stage cannot be avoided that
the Managing Director adopted two standard in allowing the consolidated
wages of Rs. 600/ - in favour of the petitioner and allowed Rs. 700/ - p.m.
as consolidated salary to respondent no. 3 (Nisara Rasool).
(2.) BE that as it is, it was vide order no. DPC/ll/174/3682 -86 dated 24 -7 -1996 that the Managing Director regularised, among the others,
the present petitioner against the posts of helper/ chowkidar in the pay
scale of Rs. 750 -15 -840 -EB -20 -1000 plus usual allowance.
(3.) ANNEXURE P -3 to the writ petition is an extra ordinary order issued by the Managing Director whereby all the female employees of the
Corporation, including respondent no. 3 (Nisara Rasool) were brought on
regular cadre on the pay scale of Rs. 810 -1750 w.e.f. 1.4.1990. This was
done vide order dated 21.4.1990. Aggrieved by this order, which conferred
the benefit in favour of the female employees of the Corporation, the
petitioner has come up to label as it is arbitrary, discriminative and
the outcome of malafide exercise of powers. It is pleaded that the
petitioner was engaged on 12 -11 -1988 as such typist on consolidated
wages, whereas the respondent no. 3 Nisara Rasool was engaged after him
though on the higher consolidated salary so he has the preferential right
for being regularised, prior in time, as against respondent no. 3.
Writ of certiorari is sought so as to quash the Managing Directors order dated 21.4.1990 whereby the female employees of the
corporation have been conferred the preferential right as against the
male employees to regularisation w.e.f. 1.4.1990. Petitioner seeks
mandamus so as to command the respondents to regularise his services from
the date when his junior respondent no. 3 was regularised. Service
benefits are sought to be allowed after the regularisation as such.;
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