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HC declines retrospective regularization of daily wager
10/12/2010 10:23:05 PM
EARLY TIMES REPORT
Jammu, Oct 12: Justice Sunil Hali of J&K High Court (Jammu Wing) in a petition seeking regularization of his service with effect from April 16, 1999, the date when he completed seven years of the service in terms of the provision of SRO 64 of 1994, observed that the claim of the petitioner for regularization of his services w.e.f. 16th of April’99, i.e. the date, he completed seven years of engagement cannot be accepted. The regularization of a Daily Rated Worker/Work Charged employee has to be done w.e.f. the date, approval/sanction is granted by the Administrative Department for creation of posts. The regularization of such an employee would not relate back to the date on which he completes seven years of engagement.
The court after hearing Advocate Sunil Sethi with Advocate Veenu Gupta appearing for the petitioner whereas Govt Advocate GS Thakur appearing for the respondents directed respondent Authorities that they shall consider the claim of the petitioner for grant of notional benefits such as seniority w.e.f. the date, any person junior to him has been given this benefit. The petitioner, however, shall not be entitled to any monetary benefits and appropriate order regarding settling of seniority be passed within a period of two months from the date. With these observations Court disposed of this petition. JNF
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