S Sabaqat
Srinagar, Oct 18: Daily-wagers cannot be subjected to discrimination with the permanent Government services on certain counts, Jammu and Kashmir High Court has ruled while directing Forest Department to consider regularization of a daily-rated worker in whose services break of two months was caused due to health reasons.
"In the life of a human being, events can occur and occasions may arise, which may prevent him/her from discharging the duties as Daily Rated Worker for some time. There can be many reasons and constraints which have been recognized by the Finance Department itself," Justice Muzaffar Hussain Attar said while disposing of a petition filed by one Raqeeba Sultan earlier this month.
Raqeeba's claim for regularization was not considered by the Forest Department on the ground that break is caused in her services from 1st to March 31, 1994 and May 1 to May 31, 1994.
"The petitioner and persons falling in her class cannot be subjected to discrimination with the permanent Government services on certain counts," Justice Attar said.
The Daily Wage Worker, court said, can be rendered incapacitated to render the work for some time due to reason beyond his or her control, but it cannot be said that Daily Wage Worker has out of her or his own volition abstained from work.
"Our State is a welfare State and has to take steps in accordance with the mandate contained in Article 14 and 16 of the Constitution of India for mitigating the hardships of its employees/Daily Rated Worker," the court said.
In her petition, Raqeeba referred to Communication of 16 October, 2007 sent by Director, Social Forestry Department, Kashmir to Commissioner/Secretary to Government, Forest Department, Srinagar, wherein the petitioner has been specifically referred to as Daily Wager of Social Forestry Division, Srinagar under SRO-64 of 1994.
Raqeeba also referred to the certificates issued by the consultant SKIMS to indicate that during the period, which has been shown to have caused break in services, she was suffering from Congestive Heart Failure and was put on medication.
The certificate, court observed, also shows that she was asked to take complete bed rest for the period break is caused in her services.
She also referred to a circular by Finance Department wherein it is provided that if the Daily Rated Worker remains absent from duties, which absence is beyond her or his control and on account of ill health or family (family as defined in the J&K CSRs), or death of family member; or any other circumstances not attributable to the negligence of the Daily Rated Workers, then break shall not affect her right to seek regularization.
"Respondents are directed to consider and take decision for regularization of the petitioner under SRO 64 of 1994 and in the light of the observations made within eight weeks," Justice Attar directed.
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