SECURITY STAFF (EX-SERVICEMEN) ASSOCIATION Vs. STATE OF J & K

JUDGEMENT

(1.) The petitioner claims to be the President of the Security Staff (Ex-servicemen) Association who are working in SMGS Hospital, Jammu. How the Security guards came to be appointed in the Medical College and SMGS Hospital is discernible from the copies of different orders issued by the Principal, Govt. Medical College, Jammu which have been placed on record by the petitioner. Petitioner Babu Ram came to be engaged as a Security Officer on monthly consolidated salary of Rs. 1500/- vide order dated 3.9.1991. Four other persons were appointed on the same date as Security Supervisors. By another order of the same date, 30 persons were engaged as Security guards on a monthly consolidated pay of Rs. 950/-.

(2.) All these engagements were made on the basis of recommendation dated 30.8.1991 made by the Medical Suptd. SMGS Hospital, Jammu who alongwith Administrative Officer Associated Hospital and the then Secretary Zila Sainik Board, Jammu after interview selected one Security Officer, four security supervisors and 30 security guards. Although the security guards were initially engaged only for a period of one year, but the period of their engagement continued to be extended from time to time.

(3.) The petitioner had earlier filed SWP No. 76/97 which was decided by a learned Single Judge of this Court on 13.8.1998. The case of the petitioner is that although judgment dated 13.8.1998 has been implemented vide order dated 28.10.1999, but the respondents have decided to disengage them from ending March 2000. The petitioners have thus challenged the order dated 28.10.1999 in so far as it directs: