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2011 Supreme(J&K) 44

VIRENDER SINGH, GH.HASNAIN MASSODI
State & Ors. – Appellant
Versus
Anuradha – Respondent


Advocates Appeared:
Mrs.S.Hakim, Dy.AG for the Appellants., Mr.S.S.Lehar, Sr.Advocate with Mr.Anil Gupta, Advocate for the Respondents.

Per Massodi, J.:-

1. The respondent - Ms. Anuradha D/o Sh. Charan Dass R/o Landar, Block Panchari, Udhampur, claiming to have been appointed as daily rated worker on 25th January, 1994 filed a writ petition registered in SWP No. 697/2001 praying for a direction to the respondent-appellants herein, to regularize her service. The writ petition was disposed of vide Order dated 12-10-2001 with the direction to the respondent to accord consideration to regularization of service of the petitioner. The appellants vide Order dated 23-04-2005, on according consideration to the respondent's regularization, rejected her claim. The reasons given in the aforesaid order, for rejecting the claim were that the respondent was engaged as casual labour and not a daily wager and that the respondent could not claim benefit under SRO 64 of 1994. The respondent is said to have not completed seven years of service as a Daily Wager, so as to enable her to claim regularization under the aforementioned SRO.

2. The respondent assailed the Order dated 23-04-2005 in writ petition regis­tered as SWP No.605/2005. The stand taken in earlier writ petition i.e. SWP No.697/2001 was reiterated in the fresh petition. It












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