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2016 Supreme(J&K) 39

MOHAMMAD YAQOOB MIR
Radhey Sham – Appellant
Versus
State of Jammu & Kashmir – Respondent


Advocates Appeared:
For the Petitioner:Mr. M.K Bhardwaj, Sr. Advocate with Ms. Yoshita, Advocate.

JUDGMENT :

Mohammad Yaqoob Mir, J.

Instead of producing the requisite record, respondents have chosen to remain absent.

2. From the respective pleadings, the position as emerged is that the petitioner had been engaged as Casual Labourer on 07.03.1994 On completion of seven years of service, he had claimed the benefit of the provisions of Jammu and Kashmir Daily Rated Workers/Work-charged Employees (Regularisation) Rules, 1994 notified vide SRO 64 of 1994 (hereinafter referred to as “The Rules”).

3. Rules 4 and 5 of “The Rules”, for facility of reference, are quoted hereunder:-

“4. Eligibility for Regularisation:- A daily rated worker/work charged employee shall be eligible for regularisation on fulfilment of the following conditions; namely:-

a. that he is a permanent resident of the state;

b. that on the date of his initial appointment his age was within the minimum and maximum age limit as prescribed for appointment in Government service;

c. that he possesses the prescribed academic and/or technical qualification for the post against which he is required to be regularised: provide that in case of eligible daily rated workers to be regularised against class IV posts, relaxation of qualifi












































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