JUDGMENT :

SANJAY DHAR, J.

01. The petitioner through the medium of the present petition has sought a direction upon the respondents to regularize his services retrospectively from the date of his initial appointment i.e. 12.03.1992.

02. As per the case of the petitioner, he came to be appointed as Electrician on consolidated basis in Notified Area Committee Bishnah by virtue of order No. NAC/B/92/682 dated 12.03.1992. It has been submitted that the petitioner is continuously working on the said post since the date of his appointment. Thereafter, vide order No. 93/DLBJ of 1998 dated 30.06.1998, his services were regularized on the post of Electrician in the regular pay scale of Rs. 950-1500.

03. It is case of the petitioner that he was entitled to regularization from the date of his initial appointment on consolidated basis and in this regard, he made a number of requests to the respondents but no action has been taken by the respondents.

04. The petitioner has submitted that two similarly situated employees, namely, Sh. Sanjay Kumar S/o Keshav Ram and Shashi Kumar came to be appointed as Khilafwarzi Inspectors by the respondents in the Notified Area Committee Bishnah on consolidated basis in the same manner in which the petitioner was appointed but their services were regularized from the date(s) of their initial appointments. However, similar treatment has been denied to the petitioner.

05. The respondents have contested the writ petition by filing their reply in which it has been submitted that the petitioner has accepted the engagement and never challenged order relating to his regularization w.e.f. 1998, therefore, he is estopped from claiming regularization with retrospective effect.

06. Heard and considered.

07. The grievance of the petitioner is that he has not been granted regular pay scale of Rs. 800-1500 from the date of his initial engagement on consolidated basis whereas in similar circumstances, two employees, namely, Sh. Sanjay Kumar and Sh. Shashi Kumar, Khilafwarzi Inspectors who were also engaged on consolidated basis have been allowed graded scale of pay from the date(s) of their initial appointment

08. Pursuant to the directions passed by this Court, files relating to the service record of aforementioned two officials, namely, Sh. Sanjay Kumar and Sh. Shashi Kumar have been produced by the learned counsel for the respondents. A perusal of the same would reveal that Sh. Shashi Kumar was appointed on consolidated basis as, Khilafwarzi Inspector, in terms of order dated 09.03.1992 and thereafter, his services were regularized and he was granted graded scale of pay from 23.10.1992. A perusal of the service file relating to Sh. Sanjay Kumar, Khilafwarzi Inspector, would reveal that he was appointed as Khilafwarzi Inspector on consolidated basis in terms of order dated 09.03.1992 and his services were regularized in graded scale of pay in terms of order dated 23.10.1992.

09. If we have a look at order dated 30.06.1998 issued by the Directorate of Local Bodies, Jammu whereby the petitioner has been allowed the grade of Rs. 950-1500 with immediate effect, it comes to the fore that it bears reference to communication dated 09.03.1992 issued by the Director Local Bodies, Jammu whereby it was agreed to adopt the post on which the petitioner was appointed in the next year’s Budget Estimates. It is further mentioned in the said order that the Administrator has adopted the said post in the pay scale of Rs. 800-1500 (old) in terms of letter dated 13.10.1992.

10. Sh. Sanjay Kumar and Sh. Shashi Kumar the afore-named two officials were also appointed initially on consolidated salary but the grades were released in their favour once the posts were adopted by the Administrator. A perusal of the initial engagement order of the petitioner as also the engagement orders of Sanjay Kumar and Shashi Kumar would reveal that all of them were engaged on consolidated basis till receipt of sanction of creation from Director Local Bodies. As already