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Jammu & Kashmir High Court - Srinagar Bench

Ghulam Mohammad Sofi vs State Of J&K; And Others on 23 February, 2018

Author: Mohammad Yaqoob Mir

Bench: Mohammad Yaqoob Mir

Serial No. 04
Regular List

                      HIGH COURT OF JAMMU AND KASHMIR
                                AT SRINAGAR
                               ******************

SWP No. 893/2016 MP No. 01/2016 Date of order: 23.02.2018 Ghulam Mohammad Sofi Vs. State of J&K and Ors. Coram:

Hon'ble Mr. Justice Mohammad Yaqoob Mir, Judge.
Appearance:
For the Petitioner(s) : Mr. Gulzar Ahmad, Adv.
For the Respondent(s) : Mr. Sajad Mohi-ud-din, GA Oral:
Case set up by the petitioner is that he has been working in the capacity of Dailywager in the respondent Department right from 24 th April 1989 in pursuance to his initial order of engagement bearing No. 05 of 1989 dated 24-04-1989. The case of the similarly situated engaged dailyrated workers have been considered in pursuance to the direction issued in SWP Nos. 278/2007 and 146/2007. Thereafter in terms of SRO 64 of 1994 their services have been regularized whereas petitioner has been left out, hence the instant petition with a prayer that the respondents may be commanded to regularize the service of the petitioner in terms of the order passed in above referred writ petitions disposed of vide judgment dated 3rd May 2007.

Respondents have filed the reply. It is rightly pointed out by the learned GA that the case of the petitioner has been considered and SWP No. 893/2016 Page 1 of 2 recommended which fact is clearly reflected in para 3 of the reply wherein it has been recorded as under:

"It is submitted that the case of the petitioner was considered in accordance with the directions issued by the Hon'ble court from time to time and taken up with the Administrative Department for consideration of his claim under SRO 64 of 1994 and in accordance with relevant rules. Accordingly the committee was constituted headed by Principal Secretary to Government Finance Department and the empowered committee in its meeting held on 13th September 2017 has recommended the case of the petitioner.
Once it is positive stand of the respondents that they have considered the case of the petitioner and his case has been recommended to the Administrative Department, the petition does not survive for any further consideration except for observing that the respondents shall take a decision on the recommendation so made within a period of six weeks from today and result whatever shall be conveyed to the petitioner.
Disposed of as above (Mohammad Yaqoob Mir) Judge Srinagar 23.02.2018 "Aasif"
SWP No. 893/2016 Page 2 of 2