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| Despite court orders, government yet to regularize 28 PHE daily wagers | | | Early Times Report
Jammu, Jan 16: Despite repeated directions from High Court, the government seems reluctant to implement the court directions in term of regularization of services of 28 PHE employees who were appointed by the department as Daily Wagers and fulfill all the criteria for regularization as Helper.
As per the details available with"Early Times", court first issued the direction to government on 28-10-2010 in case titled Vinod Kumar and others and directed the government to regularize the services of the petitioner and 27 others in terms of the SRO No. 64 of 1994. After defying the court order, the petitioners again approached the court wherein the government filed a compliance report wide letter No. PHEJ/GE/293-97 dated 15-04-2011 and rejected the claim of the petitioner.
The court on 7-06-2011 in response to the letter wherein the department rejecting the claims of petitioner seeks response from the government in the form of the affidavit indicating as to how the case of the petitioners differ from those persons who has been regularized from Doda District (Now divided into three Districts viz Doda, Kishtwar and Ramban).
In pursuant to the Court order, a committee was formulated by the Chief Engineer to conduct the inquiry and submit a detail report in the issue related in the instant writ petition. The committee in its report dated 24-11-2012 submitted that the Executive Engineer PHE Hydraulic Division Kishtwar has categorically certified that the petitioners did not qualify for the benefit of SRO 64 of 1994.
The compliance report along with the copy of enquiry report was accordingly filed before the High Court. Court while considering the speaking order disposed of the writ petition filed wide SWP No. 838/2010 on 29-10-2013 rejected the order of consideration dated 15-04-2011 and upheld the previous order wherein the court directed the government to regularize the petitioner.
The court in his order observed that "In view of the above, the order of consideration dated 14-04-2011 is not in consonance with the spirit of the judgement and order dated 28-12.2010---the respondents are, therefore directed to pass a fresh order for purpose of regularizing the services of the petitioners".
The court in his order also directed the government to pass the order of regularization within four weeks from the date of passing of order by the court, but even after the lapse of four weeks of time since 29-10-2013 when the court passed the order, the government is yet to pass the order for regularization of the services of the petitioner and 27 others.
In order to avoid the contempt of the court, Chief Engineer PHE wide his letter No. PHEJ/Legal/13801-03 dated 24-12-2013 apprised government through Commissioner/Secretary about the court directions wherein the Chief Engineer stated that in view of the facts about the judgement dated 29-10-2013 along with relevant annexures have been submitted for necessary instructions, so as to avoid contempt proceedings against the department, but despite making the higher officials aware about the possible contempt proceedings, officials representing the government turned blind eye forcing the petitioners to run from pillar to post for regularization.
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