Jammu & Kashmir High Court - Srinagar Bench
State Of J&K And Ors vs Mohammad Akram Lone And Ors on 19 July, 2012
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Review No. 01 of 2011
State of J&K and ors.
Petitioners
Mohammad Akram Lone and ors.
Respondents
!Mr.Allau-ud-Din Ganai, Advocate
^Mr. M. A. Qayoom, Advocate
Honble Mr. Justice M. M. Kumar, Chief Justice
Honble Mr. Justice Hasnain Massodi, Judge
Date:19/07/2012
: J U D G M E N T :
M. M. Kumar, CJ
1. This review petition seeks review of judgment and order dated 16.4.2009 passed in LPA no. 47 of 2007 titled as State of J&K and ors. v. Mohd. Akram Lone and anr. The Letters Patent Bench has categorically recorded the fact that the writ petitioners-respondents were engaged as Daily Wage Work Supervisors and not as Daily Wage Helpers and therefore, they were entitled to be given the same treatment which was given to others. Accordingly, their writ petition was allowed and Letter Patent Appeal filed against the order of the learned single Judge was dismissed.
2. The Letters Patent Bench has specifically referred to orders dated 08.12.1973 and 04.04.1974 to factually conclude that the writ petitioners- respondent nos. 1 and 2 were engaged on Daily Wage basis as Work Supervisors and therefore they were entitled to be regularised as Work Supervisors like others and not as Dak Runners/Helpers. Against the aforesaid order passed by the Letters Patent Bench, the review petition has been preferred.
3. The learned State counsel has not been able to show from record that the status of the writ petitioners-respondents was Daily Wage Helpers. On the contrary it is evident from the order of engagement that they were engaged as Daily Wage Work Supervisors. There is no error apparent on the face of record warranting review of the judgment and order dated 16.04.2009. The review petition is frivolous attempt on the part of the State. There is thus no merit in the review petition and the same is dismissed.
(Hasnain Massodi) (M. M. Kumar)
Judge Chief Justice
Srinagar
19.07.2012
Anil Raina, Secy