Jammu & Kashmir High Court
Mohinder Singh And Ors vs State Of J&K And Ors on 29 May, 2019
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Item No. 191
Suppl. list
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
SWP No. 2515/2018
IA No. 01/2018
Mohinder Singh and ors.
......Petitioner (s)
Through: Mr. Mohd Shaqir, Advocate
V/s
State of J&K and ors.
....Respondent(s)
Through:- Mr. Ravinder Gupta, AAG vice
Mr. Aseem Sawhney, AAG
CORAM: Hon'ble Mr. Justice Sanjeev Kumar, Judge
JUDGMENT ORAL
1. Learned counsel for the petitioners places reliance on the order dated 20.03.2019 passed by a Co-ordinate Bench of this Court in SWP No. 585/2019 and submits that the controversy involved in the said writ petition is identical, therefore, this writ petition may be disposed of on the similar terms.
2. The case set out by the petitioner in the present petition is that the petitioners have been working as Casual Labourers/ Daily Wagers in the department of respondents since the years 1995, 1997, 2000, 2001, 2002, 2003, 2004 and 2007 respectively and have been duly entered in the Aadhar based biometric identification by the Chief Engineer EM & RE, Jammu vide his communication No. STD-III/K/708-9 dated 10.07.2017. It is, thus, claimed by the petitioners that by virtue of their long working as Daily Rated Workers, they have assumed the status of PDL/TDL and are, thus, eligible to be promoted for the post of Class-IV available in the Power Development Department in terms SWP No. 2515/2018 Page 1 of 2 of the Jammu and Kashmir PDD (Subordinate Service) Recruitment Rules, 1981 (Rules of 1981 for short).
3. Learned counsel for the petitioners submits that the petitioners would feel satisfied, if this writ petition is disposed on the analogy of SWP No. 585/2019 decided on 20.03.2019 by a Co-ordinate Bench of this Court, in which the respondents were directed to consider the case of the petitioners therein, for the Class-IV posts, in terms of SRO 381- PDD dated 26.08.1981.
4. Having heard leaned counsel for the petitioners and perused the record, I am of the view that the grievance projected by the petitioners in this writ petition can be redressed by the respondent No. 3 by considering the cases of the petitioners for their appointment/ promotion against the Class IV post in the Power Development Department in terms of Rules of 1981, provided the petitioners are eligible and covered by the aforesaid Rules.
5. Let the petitioners make a detailed representation to the respondent No. 3 within a period of three weeks from today and the respondent No. 3 shall consider the representation and the grievance projected by the petitioners herein in the light of Rules of 1981 and pass appropriate orders within a period of six weeks thereafter.
6. Disposed of.
(Sanjeev Kumar) Judge Jammu 29.05.2019 Karam Chand KARAM CHAND 2019.06.03 11:21 I attest to the accuracy and integrity of this document SWP No. 2515/2018 Page 2 of 2