Jammu & Kashmir High Court
Gulshan Bano And Anr vs State Of J&K; And Ors on 27 February, 2018
Author: Ramalingam Sudhakar
Bench: Ramalingam Sudhakar
S. No.12
Regular list
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
SWP No.1142/2017 & MP No.01/2017
Date of order:27.02.2018
Gulshan Bano & anr. Vs. State & ors.
Coram:
Hon'ble Mr. Justice Ramalingam Sudhakar, Judge
Appearing counsel:
For Petitioner (s) : Ms. Rozina Afzal, Advocate.
For respondent (s) : Mr. H. A. Siddiqui, Sr. AAG for R-1.
Mr. H. A. Siddiqui, Sr. AAG vice Mr. Faraz Iqbal, Dy.A.G. for R-2 to 4.
i) Whether to be reported in
Digest/Journal : Yes/No.
ii) Whether approved for reporting
in Press/Media : Yes/No.
ORAL
1. Going by the nature of relief sought for and with the consent of learned counsel for the parties, the writ petition is admitted to hearing and the same is taken up for final disposal.
2. Through the present writ petition, both the petitioners seek the following reliefs in the nature of:-
(i) Certiorari quashment order No.PDC/CJ/121 of 2009 dated 29.12.2009 issued by respondent No.2 vide No.PDC/E-
4/6/CJI/2353-56 by virtue of which the petitioners have been ordered to be disengaged from his service with immediate effect;
(ii) Mandamus commanding upon the respondents to allow the petitioners to continue in service as daily wager in view of the service rendered by them and thereafter consider them for regularization in terms of SRO-64 of 1994;
(iii) Further mandamus for re-engaging the petitioners in view of the orders passed in favour of identically situated daily wagers SWP No.1142/2017 Page 1 of 3 S. No.12 Regular list by the Hon'ble Court as well as the Hon'ble Supreme Court and Govt. Orders passed in pursuance thereof.
3. Learned counsel for the petitioners states that the petitioners have been engaged as Daily Wagers in Power Development Corporation since 2006 vide order dated 17.03.2006 and they have been validly allowed to work by the order of the competent authority. The petitioners have relied upon another document (Annexure-A at Page-23) i.e., salary payment particulars in respect of both the petitioners. The petitioners have also relied upon Annexure-A at page-24. The specific grievance of the petitioners as pointed out by learned counsel for the petitioners is that where a disengagement order was issued in favour of casual workers, the authorities by misconstruing the aforesaid order are not allowing the petitioners to work as Daily Wagers. This happened since 29.12.2009 (Annexure- B). It is further pleaded that the salary for the work done upto 29.12.2009 was paid much later in the year 2017. The petitioners have also made further representation (Annexure-C at Pages-26&27) dated 14.10.2010 & 18.11.2010 respectively to allow them to be engaged as Daily Wagers. The writ petition has been filed in the year 2017.
4. Learned counsel for the petitioners also relies upon the decision (Annexure- D) of this Court granted in favour of the Daily Wagers of Power Development Corporation to plead for similar treatment of re-engagement as Daily Workers in Power Development Corporation. According to the petitioners, based on the Court orders those Daily Wagers were re-engaged by the department concerned. On SWP No.1142/2017 Page 2 of 3 S. No.12 Regular list these facts, learned counsel for the petitioners pleads for consideration of the petitioners' claim for re-engagement.
5. In this view of the matter, the relief of certiorari is declined because it is relatable to casual workers. However, the claim of the petitioners, who claim to be the Daily Wagers, can be considered by the authority in the light of the various documents as well as Court orders referred to above. Both the petitioners are directed to submit a representation to respondent Nos.2&3 alongwith copy of this order within a period of two weeks from the date of receipt of certified copy of this order and on such representation being submitted, respondent Nos.2&3 shall accord consideration to the claim of the petitioners on its own merits in accordance with law applicable expeditiously preferably within a period of four weeks' thereafter.
6. Writ petition alongwith connected MPs stands disposed of in the above terms.
(Ramalingam Sudhakar) Judge Jammu 27.02.2018 Ram Murti SWP No.1142/2017 Page 3 of 3