Decided on April 20,1999

Hamidullah Dar Appellant
JAndK Project Construction Corp , Srinagar Respondents


- (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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