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| DB directs to regularize services of respondent from 1999 | | | Early Times Reporter
Jammu | Feb 6
Division Bench of J&K High Court, Jammu Wing, comprising Chief Justice KS Radhakrishnan and First Puisne Judge Justice Nisar Ahmed Kakru, in an appeal filed by the state and others against the judgment of Single Judge passed on June 7, 2006, has directed respondent Rural Development Department to regularize the services of Muhammad Nayeem from the year 1999 onwards.
The Judgment written by Chief Justice KS Radhakrishnan for the Division Bench, after hearing AAG Seema Shekhar appearing for the State appellants and Sr. Adv DC Raina with Adv FA Natnoo appearing for the respondents, observed that petitioner has approached this court seeking regularization of his services which was recommended by AC Development Poonch to the Director Rural Development Jammu. The AC Development wrote a letter on November 9, 1996 to the Director Rural Development Jammu which also contained the list of daily rated workers who were to be regularized with effect from April 1, 1995 and April 1, 1996 wherein the petitioner figured at Sr. No 5, in that letter, the AC Development Poonch indicated that the list was prepared after verifying the record.
In the significant judgment DB further observed that no reason to discard the certificates already issued unless their veracity is established otherwise. Considering the facts and circumstances of the case and going by averments made in the appeal that even if the certificates issued by the BDOs were found to be incorrect, the petitioner's services have to be regularized from 1999 onwards. Under such circumstances, DB directed respondents to regularize the services of the respondent from the year 1999 onwards. However, he would be entitled to get monetary benefits only from the date of the judgment of single judge. DB further said that the direction given by the Single Judge for payment of Rs 5000 as cost to the petitioner shall, however, stand deleted. JNF |
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