Jammu & Kashmir High Court - Srinagar Bench
Bashir Ahmad Dar And Others vs State Of J&K; And Others on 17 May, 2017
Author: Tashi Rabstan
Bench: Tashi Rabstan
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
SWP no.867/2017
MP no.01/2017
Date of order: 17.05.2017
Bashir Ahmad Dar and others
Versus
State of J&K and others
Coram:
Hon'ble Mr Justice Tashi Rabstan, Judge
Appearing Counsel:
For Petitioner(s): Mr Hakim Suhail Ishtiaq, Advocate
For Respondent(s):
1. Petitioners, on the edifice of case set up, seek direction in the name of respondents to extend benefit of SRO 311 of 1997 dated 09.11.1997 in their favour and refix their pension accordingly as also release the consequential arrears.
2. Petitioners, as is coming forth from the petition on hand, had been initially engaged as daily rated workers and after completing the prescribed time, their services regularised and they brought on regular establishment.
3. Learned counsel for petitioner avers that in terms of SRO 311 of 1997, Rule 5-AA was inserted in J&K Civil Services (higher Standard Pay Scale Scheme) Rules, 1996, which provides that in case of work charged employees/daily rated workers, who have been brought on regular establishment, their 50% SWP no. 867 of 2017 Page 1 of 3 continuous work charge/daily wage service shall be counted with regular service for purposes of grant of insitu promotion. However petitioners, according to learned counsel, have been deprived of their legal rights accrued to them in terms of the aforesaid SRO, forcing them to have recourse to writ petition on hand. Learned counsel, while producing copy of order dated 23rd October 2013 passed in SWP no.974/2012 titled Abdul Ahad Rather and others v. State of J&K and others, that according to him squarely covers instant writ petition, prays for disposal of instant writ petition on the same lines.
4. Writ petition, in view of stand taken by learned counsel for petitioners and averments made therein, is disposed of with a direction to respondents to consider the claim of petitioners for extension of benefit of SRO 311 of 1997 and count their 50% daily rated service for their insitu promotion and for release of pensionary benefits, in light of averments made in petition, annexures appended thereto, rules occupying the field and SWP no. 867 of 2017 Page 2 of 3 order dated 23rd October 2013 passed in SWP no.974/2012 titled Abdul Ahad Rather & others v. State of J&K & ors, provided they are similarly situated as petitioners in the said writ petition. Let such consideration be accorded and decision taken within two months from the date certified copy of this order along with complete paper book is served on respondents. Disposed of.
( Tashi Rabstan ) Judge Srinagar May 17, 2017 Ajaz Ahmad SWP no. 867 of 2017 Page 3 of 3