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2019 Supreme(J&K) 140

SANJEEV KUMAR
Iftikhar Ahmed Itoo – Appellant
Versus
State of J&K – Respondent


Advocates:
Appearing Counsel:
For the Petitioner(s):Mr. R.K.S. Thakur, Advocate
For the Respondent(s): Mr. Ayjaz Lone, GA

Judgment

1. The petitioners claim that they were engaged as daily wagers in the department of Social Forestry in February, 1990 and March, 1991. While they were performing their duties continuously without any interruption since the date of their initial engagement, the respondent No.1 issued the Jammu and Kashmir Daily Rated/Work Charged Employees (Regularisation) Rules, 1994 in terms of SRO 64 of 1994 (for brevity, the rules of 1994), whereby a provision was made for regularization of daily rated workers/work charged employees who had rendered seven years continues service and would fulfill the eligibility requirement as laid in rule 4. The petitioners claim that they completed seven years continuous service as daily rated workers in February, 1997 and March, 1998 and therefore became entitled to be regularized as Class-IV employees w.e.f 01.04.1997 and 01.04.1998 respectively by operation of rule 8 of the rules of 1994 but the respondents while according them the benefit of regularization in terms of aforesaid rules appointed the petitioners as Helpers w.e.f 01.04.2001. The petitioners, feeling aggrieved, represented to the respondents and sought their regularization/appointment































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