DIRECTOR FOOD AND SUPPLIES DEPARTMENT Vs. MUZAFFAR HUSSAIN HAKAK

JUDGEMENT

(1.) THIS L P. A. is presented by the State of Jammu and Kashmir and the Director, Food and Supplies Department Srinagar, challenging the correctness and legality of the order made by the learned Single Judge on February 13, 1985 in Writ petition No, 108 of 1983 by virtue of which the following direction was issued to the respondents : -

(2.) WE have heard Shri Gh. Mustaffa, learned Govt. Advocate, who, having taken us through the salient facts, the averments made in the writ petition, the grounds taken in the memo of appeal as well as the questions of law, argued that the conclusion arrived at by the learned Single Judge in the writ petition without hearing the counsel appearing for the respondents, is not sustainable. He further argued that the learned Single Judge ought to have given an opportunity to the respondents in the writ petition to put forward their defence before reaching at a conclusion against the respondent -State. In so far as the questions of law arising in the matter is concerned, Shri Gh. Mustaffa, learned Government Advocate urged that in the light of Government order which came to be issued subsequently i.e. on March 24, 1994 by a Notification under SRO 64 under section 124 of the Constitution of J&K State, the Government of Jammu & Kashmir have laid down certain conditions for purposes of absorption in service of those Daily rated workers in the State of Jammu & Kashmir. A copy of the said order is produced before us today. We have perused the same. In the light of this Government order, Mr. Gh. Mustaffa, learned GA submitted that if the Division Bench is satisfied and coming to a conclusion that the case of the writ -petitioners 1 to 5 (respondents 1 to 5 herein) making themselves eligible to be considered for purposes of their absorption and regularisation of service in accordance with law, the Government (State) has no objection to do so.

(3.) ALTHOUGH the contesting respondents counsel is absent today, we have carefully considered the facts, circumstances, including the questions of law arising out of this appeal, regard being had to the legal contentions urged by Mr. Gh. Mustaffa learned GA in support of the appeal.