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2011 Supreme(J&K) 301

HAKIM IMTIYAZ HUSSAIN, MOHAMMAD YAQOOB MIR
State of J&K & Ors. – Appellant
Versus
Estates Department Casual Labourers & Ors. – Respondent


Advocates Appeared:
Mr.J.A.Kawoosa, AAG for the Appellant., Mr.G.A.Lone for the Respondent.

Per M. Yaqoob, J.

1. Subject matter of all the above referred three appeals is the judgment dated 12.07.2006 rendered in SWP Nos.1642/2003,77/2003 and 508/2001.

2. Respondents in all the three appeals claim to have been engaged as ca­sual/seasonal labourers so as to maintain watch and ward to the assets worth millions of the Estates Department scattered in various parts of Srinagar. The position and the background in which the respondents (writ petitioners) were engaged by the Government of Jammu and Kashmir Directorate of Estates Depart­ment, is vividly stated in a detailed communication bearing No. DW-1/4750-Est dated 03.03.2001 addressed by Deputy Director Estates, Srinagar to the Director Estates, J&K, which is available on the record of SWP No. 508/2001. In the said communication it is mentioned that the authority for engagement of specific num­ber of casual labourers/seasonal has been permitted vide various communications, more particularly vide No. 4466 dated 3.2.2001. It is also qualified that the necessity and urgency of engaging such workers was quite inevitable and the said workers are performing their duties satisfactorily.

3. Keeping in view the security scenario, the ext















































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