DALJIT SINGH Vs. STATE OF J&K
LAWS(J&K)-1995-3-14
HIGH COURT OF JAMMU AND KASHMIR
Decided on
March 31,1995
DALJIT SINGH
Appellant
VERSUS
STATE OF JANDK
Respondents
JUDGEMENT
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(1.)BY this common judgment I shall dispose of both the petitions together.
(2.)DALJIT Singh petitioner in SWP No. 183/94 was appointed as a driver on daily wages basis on 11.10.1990. The appointment order is reproduced as under: - _ "Govt of Jammu & Kashmir, Department of Cooperative. Sub: - Appointment of Driver on daily wages. ORDER As directed by the Registrar Coop. Societies J&K Jammu S. Daljit Singh S/O S. Bachan Singh R/ O Mohalla Singh Saba W/No. 5 Poonch City is hereby appointed as driver on daily wages. The appointment is purely on daily wagesâ„¢ and he will not make any claim at the time of selection by the recruitment board. Sd/ - (R. C. Gupta) Deputy Registrar, Co -operative Societies, Poonch."
(3.)IT is admitted case of the petitioner that ever since he has been working as a driver on daily wage basis. The petitioner seeks mandamus to the effect that his services be regularised on the post of daily wager and that till its done, he be allowed to continue. The petitioner is relying upon the Govt. Order No. 26 -F of 1994 dated 31.1.1994. According to the petitioner, as per para (c) of this order, as and when the petitioner completes 7 years of service as a daily wager, he shall become entitled to regularisation in govt. service. According to Mr. Lehar, the only interpretation put to para (c) of this order is that the petitioner has a right to continue in service as a daily wager till he completes seven years of service, the date when he shall automatically become entitled to be regularised.
Mohd Farooq petitioner in SWP No. 1213/94 on the other hand is a person who participated in the regular selection process conducted by the selection making agency and after being selected, came to be appointed by the Registrar, Cooperative Societies as driver vide his order dated 8.3.1994. His grievance is that he is not being given the benefit of this appointment because the petitioner Daljit Singh in SWP No. 183/94 is occupying the post which was meant for him. According to this petitioner, despite his having been selected on regular basis and obtaining an appointment order, he continued to remain un -employed.
(2.)DALJIT Singh petitioner in SWP No. 183/94 was appointed as a driver on daily wages basis on 11.10.1990. The appointment order is reproduced as under: - _ "Govt of Jammu & Kashmir, Department of Cooperative. Sub: - Appointment of Driver on daily wages. ORDER As directed by the Registrar Coop. Societies J&K Jammu S. Daljit Singh S/O S. Bachan Singh R/ O Mohalla Singh Saba W/No. 5 Poonch City is hereby appointed as driver on daily wages. The appointment is purely on daily wagesâ„¢ and he will not make any claim at the time of selection by the recruitment board. Sd/ - (R. C. Gupta) Deputy Registrar, Co -operative Societies, Poonch."
(3.)IT is admitted case of the petitioner that ever since he has been working as a driver on daily wage basis. The petitioner seeks mandamus to the effect that his services be regularised on the post of daily wager and that till its done, he be allowed to continue. The petitioner is relying upon the Govt. Order No. 26 -F of 1994 dated 31.1.1994. According to the petitioner, as per para (c) of this order, as and when the petitioner completes 7 years of service as a daily wager, he shall become entitled to regularisation in govt. service. According to Mr. Lehar, the only interpretation put to para (c) of this order is that the petitioner has a right to continue in service as a daily wager till he completes seven years of service, the date when he shall automatically become entitled to be regularised.
Mohd Farooq petitioner in SWP No. 1213/94 on the other hand is a person who participated in the regular selection process conducted by the selection making agency and after being selected, came to be appointed by the Registrar, Cooperative Societies as driver vide his order dated 8.3.1994. His grievance is that he is not being given the benefit of this appointment because the petitioner Daljit Singh in SWP No. 183/94 is occupying the post which was meant for him. According to this petitioner, despite his having been selected on regular basis and obtaining an appointment order, he continued to remain un -employed.
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