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2015 Supreme(J&K) 467

N.PAUL VASANTHA KUMAR, BANSI LAL BHAT
Ab. Rashid Bhat – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Party-in-Person
For the Respondents: Q.R. Shamus, Dy. A.G. Vice and Asif Ahmad Bhat, A.A.G.

JUDGMENT :

1. This appeal is filed against the order made in SWP No. 11/2008, dated 06.07.2011 wherein the writ petition filed by the appellant was dismissed seeking regularization in terms of SRO 64 of 1994, on the ground that the appellant has not completed seven years of 1years. Case of the appellant is that he has passed matriculation examination and he was engaged as daily wager by 4th respondent from 01.03.1994. The petitioner continued to work till February 2001, but thereafter he was not allowed to work as prayed for regularization.

2. The petitioner earlier filed a writ petition SWP No. 177/2004 seeking regularization wherein a direction was issued to consider the case of appellant; for regularization by the official respondents. The respondents having failed to comply with the said direction, the appellant filed a contempt petition bearing Contempt No. 64/2005. In said contempt petition, the following order was passed:-

"....the petitioner has worked only upto February 2001 and his cases does not fall within the ambit of SRO 64 of 1994 and wages have been paid to the petitioner for the period he has worked. The petitioner cannot be re-engaged."

3. An LP appeal was filed again








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