Ali Mohammad Magrey, J. - (1.) Through the instant petition, petitioner seeks a direction on respondents for release of 15 months withheld salary and also allow him to mark his attendance on the post of Sanitary Supervisor.
(2.) The petitioner's case set up in the writ petition is that, in terms of some service sheet and order for attending the Election duty in the year 2014 deputed by Executive Officer Municipal Council Sopore vide order dated 17.03.2014, he was directed to report to Sub Divisional Magistrate Sopore for deployment on Election duty in the year 2014. The Sub Divisional Magistrate, Sopore vide order dated 19.03.2014 utilized his services in the election process of 2014 on which the petitioner in fact set up his claim for regularization as Sanitary Supervisor from the date he has been engaged on casual basis. He claims that his service book was prepared and entries were made therein. It is submitted that the petitioner despite rendering services is not being paid salary for 15 months. Apprehending that respondents might dispense with his services, he filed the writ petition seeking a writ of Mandamus commanding the respondents, inter alia, to allow him to continue on the post of Sanitary Supervisor and to pay him the withheld salary and also allow to mark his attendance.
(3.) In response, the respondents in their objections took the stand that none of the legal, constitutional or fundamental rights of the petitioner had been violated or infringed; that the petitioner seeks a relief dehors the law; that in view of the embargo on filling up of posts or making engagements on casual or consolidated basis imposed vide Government order no.214-HUD of 2008 dated 23.05.2008, any exercise of any functionary of engaging individuals at any level is rendered incompetent and that respondent no.3 did not have the power to undertake such an exercise; that the petitioner's appointment was dehors the aforesaid Government order and that, since the petitioner had not challenged the said Government order, he cannot seek any consideration in violation thereof. If any recruitment is to be made against Class IV post, due selection process is required to be followed.;