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Regularize petitioner within three months, HC directs state
9/18/2007 10:15:35 PM
Early Times Reporter
Jammu | Sep 18
Justice YP Nargotra of J&K High Court Jammu Wing today in a petition directed the respondents to take appropriate steps and regularize the petitioner in terms of SRO 64 of 1994.
This significant direction was issued in a petition filed by Sewa Ram in which Advocate Nitin Bhasin appeared for the petitioner and submitted that the petitioner after being appointed as daily wager on April 1, 1990 has completed seven years of service, but has not been regularized in terms of SRO 64 1994.
Justice Nargotra, after hearing Adv Nitin Bhasin appearing for the petitioner and Deputy AG Vinod Bakshi appearing for the state, observed that the stand of respondents in the objections is that, the case of the petitioner along with other daily wagers has been sent to the Government for granting necessary sanction in terms of SRO 64 of 1994 and when the sanction is granted, the services of the petitioner will be regularized. Deputy AG Vinod Bakshi does not dispute the fact that petitioner was appointed as Daily Wager in the year of 1990 and has completed seven years service after his engagement. He also does not dispute the legal entitlement of the petitioner for regularization in terms of SRO 64 of 1994. This being the position, the respondents cannot validly deny the benefit of regularization to the petitioner.
After considering the submissions made by both the parties, Justice Nargotra further observed that in this view of the submissions the petition is admitted to hearing and disposed off with a direction to the respondents to take appropriate steps and regularize the petitioner in terms of SRO 64 of 1994 within a period of three months. Court further ordered that the petitioner shall be entitled to all consequential benefits flowing from the regularization. JNF
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