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| Daily Rated Worker, appointed after Mar’94, also eligible for regularization: HC | | | Early Times Report
Jammu, Apr 11- In a landmark judgment Justice Sunil Hali of Jammu and Kashmir High Court Jammu Wing held that all those persons who were appointed after March 31, 1994 would also be eligible for regularization under SRO 64 1994.
Justice Hali in his approved for reporting judgment quoted a judgment of Supreme Court and observed that observations of the said judgment applying to the case in hand, it can safely be stated that any person who has not completed seven years of service on March 31, 1994 would be entitled for regularization will also apply to those persons who got appointed after March 1994. This interpretation will achieve the object and purpose of SRO which came into force for providing permanent status to the daily rated workers under SRO 64 of 1994. The mischief which is sought to be achieved, if any, in the rules will get eliminated, Court hold that all those persons who were appointed after March 31, 1994 would be also eligible for regularization under SRO 64 of 1994. With these views the Court allowed the petition and set-aside the order of termination dated April 7, 2005 so far as it pertains to the petitioner Naresh Kumar and directed the respondents to re-engage him and take decision for regularization of his service under SRO 64 of 1994 within a period of three months. This judgment is in the larger interest of the daily rated workers who were appointed after March 1994.
Court after hearing Advocate Raghu Mehta appearing for the petitioner Naresh Kumar who was engaged on August 4, 1997 on daily rated worker in police department Kathua and had remained in job from August 4, 1997 to April 7, 2005 was disengaged as Daily Rated Worker on the ground that he was engaged after March 31, 1994, the court admitted the petition and gave its ruling.
The counsel for the petitioner submitted that SRO 64 of 1994 was issued only to ensure that the persons who are engaged as Daily Rated Workers are not allowed to continue on such temporary appointments without giving permanency to their status. Rule 8 of SRO 1994 states that any person who has not completed 7 years on March 31, 1994, but may complete by the end of subsequent financial years their absorption shall be considered in the financial year in accordance with these rules. JNF
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