DAYA KRISHAN Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
STATE OF JANDK
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(1.) THE appellants submits that they having served the State in very difficult times most reverently should not be made to fall on thorns to
bleed forcing them to lead a life of misery and penury. They submit that
when the State of Jammu and Kashmir was facing turmoil and turbulence on
account of militancy (which is said to be at that point of time at its
peak in the district Doda), they came to be engaged to look after and
carry on electrification work and other departmental activities in the
Power Development Department. It is submitted that on account of the area
becoming unsafe, good number of people and employees migrated to the
districts other than the district of Doda. The appellants submit that it
was during this period they came forward to help the State
administration. It is submitted that on account of the service rendered
by them not only the State administration but the army authorities were
benefited. They were able to combat terrorism. The fact that the State
administration has admitted that there was shortage of regular staff in
the Tehsil of Gandoh in the district of Doda and a need was felt to
maintain the power supply which was essential not only for the civil
administration but also for the benefit of armed forces is not denied.
The appellants were engaged as daily wagers. This engagement was made by
respondent No. 5 with the concurrence of respondent No.3. However as on a
latter date a ban came to be imposed on the employment of daily wagers,
the appellants services came to be disengaged. The appellants submit that
this assertion of theirs that they were engaged by respondent No. 5 and
that they had rendered service in difficult period is evident and becomes
apparent when the objections preferred by the State are perused.
Particular emphasis is being laid on what is said in paragraph 3 and 5 of
the objections. It is submitted that in these circumstances, their
disengagement was contrary to law. It is also urged that some
recommendations were made in favour of the appellants. These have been
placed on the record of writ petition as annexure A/1, A/2 and A/3. The
recommendations were to the effect that the policy decision taken with a
view to impose the ban be relaxed. This suggestion however, was not
acceptable to the State Government. The claims of the appellants were
rejected vide letter, copy whereof is annexure p/6 to the writ petition.
When this petition came up for motion hearing, interim orders were
passed. These were to the effect that if the appellants were working on
the date when the interim orders were passed then they be permitted to
(2.) A learned Single Judge of this court after appreciating the factual position came to the conclusion that once the State
administration took a decision to not to relax the policy and regularise
the services of the appellants then that decision is the last word on the
subject. No judicial review is permissible. The writ petition was
accordingly dismissed. It is in these circumstances, the present appeal
has been preferred under clause 12 of the Letters Patent Appeal.
(3.) THE learned counsel for the appellants submits that there are communications on the record. These are to the effect that the appellants
have continued to work as daily wagers with the Power Development
Department from June 1994 to 1997. These certificates have been signed by
Assistant Executive Engineer Sub Division Thatri.
The counsel for the respondent -authorities however, disputes this position.;
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