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Court intervenes in case consolidated wagers
11/11/2008 11:03:40 PM
EARLY TIMES REPORT
JAMMU, Nov11: Setting aside the impugned notices issued to the petitioners for signing an agreement with the respondents, Justice Nirmal Singh of J&K High Court Jammu today directed the respondents to maintain the regular status of the petitioners which was given to them way back in the year 1997.
The petitioners who were initially engaged on consolidated pay filed a petition in the year 1997 seeking regularization of their services. High Court in its interim order May 1, 1997 directed the respondents to consider the case of the petitioners and passed appropriate orders. The respondents considered the case of the petitioners and released the minimum pay-scale of 3050-4590, which is apparent from the perusal of the service books placed on record by the petitioners. The relevant entries in this regard have been made in the service books of the petitioners by the respondents.
The grievances of the petitioners are that vide notices impugned, the respondents without taking into consideration the services of the petitioners have regularized them and placed in a regular grade with the directions to sign an agreement for converting their services on contractual basis. It is submitted that since the petitioners have been regularized in accordance with the rules and have continued to perform their duties for the last more than a decade, the respondents cannot convert their regular status into contractual that too when the benefits have been granted to them by the competent authority in accordance with the rules and on the basis of the directions passed by the High Court in the writ petition filed in the year 1997.
Justice Nirmal Singh, while allowing the petition, observed that it was in pursuance to the said order the services of the all the petitioners came to be placed in a regular scale and they were granted regular status vide orders passed by the Director Social Welfare Department and made the relevant entries in the service book of the each of the petitioners, therefore, the order impugned cannot be made applicable to the case of petitioner No 3 also who has completed seven years of service when order of May 1, 1997 came to be passed by the High Court. Court allowed the petition, impugned notices issued to the petitioners by which they have been directed to sign an agreement for converting their regular status into contractual are set-aside and respondents are directed to maintain the regular status of the petitioners which was given them by way back in the year 1997. JNF
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