Ganesh Dass vs Suresh Kumar Secy Home on 25 September, 2018

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Jammu & Kashmir High Court

Ganesh Dass vs Suresh Kumar Secy Home on 25 September, 2018

Bench: Sanjeev Kumar

                              HIGH COURT OF JAMMU AND KASHMIR
                                           AT JAMMU

CPSW No. 504/2013 in SWP No. 586/2010
                                                                Date of Order: 25.09.2018

Ganesh Dass                            vs.       Suresh Kumar, Commissioner/Secy. Home
Coram:
                            Hon'ble Mr Justice Sanjeev Kumar, Judge
Appearance:
For the petitioner(s): Mr. R. K. S. Kotwal, Adv.
For the respondent(s): Mr. Sanchit Verma, Adv.

i/     Whether to be reported in        Yes/No
       Press/Media?
ii/    Whether to be reported in        Yes/No
       Digest/Journal?

Having heard learned counsel for the parties and perused the statement of facts filed by the respondent on 31.03.2016, it is noticed that the same are not in compliance to the judgment passed by this Court on 09.02.1998 nor do these show any compliance to the orders passed by this Court on 02.05.2013 and 08.02.2016 in the instant petition, whereby the petitioner has been directed to be treated at par with Parshotam Lal, who has been shifted from the post of Safai Karamchari and appointed as Warder. As a matter of fact, by virtue of initial judgment passed in SWP No. 1306/1996, titled, Parshotam Lal and another vs State of J&K and others, the respondents were directed to regularize the services of both the petitioners as Warders.

The plea of the respondents that the change of cadre, that is, from Safai Karamchari to Warder is not permissible under rules is devoid of any substance. It is so because this Court while disposing of SWP No. 1306/1996 dated 09.02.1998 has specifically directed the regularization of the services of the petitioners. Needless to say that the petitioners were working as Warder on daily wage basis when the aforesaid direction came to be passed.

CPSW No. 504/2013 Page 1 of 2

The petitioner herein as also the other person, namely, Parshotam Lal were entitled to be regularized as Warders and not Safaiwala in terms of judgment dated 09.02.1998. However, in the case of Parshotam Lal an order was passed on 30.09.2002 and he was re-designated as Warder and the same treatment should have been given to the petitioner in the instant case as well. When it was not given to the petitioner, he was left with no option but to approach this Court again by way of SWP No. 586/2010, which was disposed of by this Court on 02.05.2013 by directing the respondents to consider the petitioner at par with Parshotam Lal and appoint him also as Warder. There is, thus, no scope for the respondents to put different interpretation nor the plea of the respondents that giving the appointment of the Warder to the petitioner would amount to change of cadre, is legally unsustainable. By not passing the appropriate order in favour of the petitioner and placing him at par with Parshotam Lal is nothing short of dis-obedience of the judgment passed by this Court on 02.05.2013 and a case for initiating contempt.

Before proceedings further in the matter and issuing a formal ROBKAR against the respondents, I deem it proper to provide one more opportunity of four weeks to the respondents to comply with the judgment dated 02.05.2013 in its letter and spirit.

List this petition on 16.11.2018 Registry shall provide a copy of this order to Mr. Sanchit Verma, Advocate.

(Sanjeev Kumar) Judge Jammu:

25.09.2018 Rakesh CPSW No. 504/2013 Page 2 of 2

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