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| HC directs to consider case of petitioners for regularisation | | | EARLY TIMES REPORT
Jammu, Aug 11 (JNF):- Justice Sunil Hali in a petition filed by Jeem Raj and 21 others seeking their regularisation under SRO 64/1994, has directed the State to consider the cases of the petitioners for regularization of their service in terms of direction passed by the Division Bench .
The 22 petitioners submitted that they were engaged on daily wage bases prior to March 1994 and seeking their regularisation after completion of seven years as laid down in SRO 64/1994 dated March 31, 1994, they filed a petition in which High Court directed the respondents to consider the cases of petitioner for regularization. Against this order, the State filed LPA in which Division Bench modified the judgment of writ Court with the direction that all those daily rated workers/ work charge employees who fulfill the condition as laid down in SRO 64/1994 would be considered for regularization of their services. DB further directed the state to consider the cases of those persons who may not have completed seven years as on March 31, 1994 but were in a position on the said date and were allowed to complete seven years by the end of financial years. The state dismissing the claim of the petitioners on the ground that they were engaged as casual labourers and not as daily rated workers and casual labourers cannot seek regularisation in terms of SRO 64/94. The petitioner again challenging this order in this present petition.
Justice Sunil Hali after hearing both the sides observed that Court is not inclined to agree with the stand taken by the respondents while passing the order impugned. Even otherwise also, the nomenclature of order of engagement does not determine the status of the parties. It is nature of appointment which is relevant. The petitioner in the present case have been allowed to continue for more than seven years looking to the need base requirement of the dept. With these observations Court allowed the petition and directed the respondents to re-engage the petitioners and considered their cases for regularization of their service in terms of the directions passed by the Division Bench within a period of two months. JNF
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