RAKESH KUMAR Vs. STATE AND ORS.

JUDGEMENT

(1.) THE petitioner earlier approached this Court through the medium of writ petition (SWP No. 2085/2002) seeking his regularization in terms of SRO 64 of 1994 on the ground that he had been in service of respondents as daily rated worker since 07.03.1994, as such, was entitled to be regularized on completion of continued service of seven years. SWP No. 2085/2002 (earlier writ petition) came to be disposed of by this Court vide order dated 02.04.2012 in which direction was issued to the respondents to accord consideration to the petitioner's regularization having regard to the mandate of SRO 64 of 1994. Pursuant to the aforesaid order of this Court, the matter was considered by respondent No. 2 who vide communication dated 30.04.2012 rejected the case of the petitioner for regularization under SRO 64 of 1994. It is this order, which is impugned in the present writ petition.

(2.) THE order impugned has been assailed by the petitioner primarily on the following grounds: -

(3.) THE respondents have filed objections and have by and large supported the impugned order on the same grounds as are contained in the order impugned and resisted the petition on the ground that petitioner was no doubt engaged as casual worker on 05.03.1994, but he actually joined in June 1994. That the petitioner was only casual worker and not daily wager as term is defined under SRO 64 of 1994. Further plea of respondents is that petitioner who remained in service with the department till 30.06.2002 had left the services long back and is now out of service for the last 11 years, as such, his claim under SRO 64 of 1994 is not maintainable.