SWP No.2547/2013, MP No.3736/2013

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HIGH COURT OF JAMMU AND KASHMIR AT JAMMU

SWP No.2547/2013, MP No.3736/2013

Date of order:25.04.2018

Abdul Aziz

Vs.

State and Ors.

Coram:

Hon’ble Mr. Justice Alok Aradhe, Judge

Appearing counsel:

For Petitioner/Appellant(s) : Mr. Rahul Pant, Advocate.

For respondent (s)

: Mr. Venus Gupta, Deputy AG.

The petition is admitted for hearing. With consent of the learned counsel

for the parties, the matter is heard finally.

In this petition, the petitioner inter alia seeks writ of mandamus

commanding the respondents to regularize the services of the petitioner on the

post of Orderly in accordance with the J&K Daily Rated/ Work Charge

Employees Regularization Rules, 1994 with effect from the date the petitioner has

completed seven years of service with all consequential benefits. Alternatively,

the petitioner seeks a writ of mandamus commanding the respondents to

regularize and appoint the services of the petitioner on the regular pay scale of

Orderly strictly in accordance with the Government Order No.1285-GAD of 2001

dated 06.11.2001, and to grant him all consequential benefits including arrears of

salary.

Facts giving rise to the filing of this writ petition briefly stated are that the

petitioner belongs to the Scheduled Tribe category. The petitioner was engaged as

Orderly in Tehsil Information Centre, Budhal vide order dated 29.07.1993. The

engagement of the petitioner was on ad hoc basis which was continued from time

to time and the petitioner continued to perform the duties on the post of Orderly in

Tehsil Information Centre, Budhal. It is the case of the petitioner that since 1993,

he has been regularly performing the duties on the post of Orderly and the Deputy

Commissioner, Rajouri by an order dated 31.01.1995 has directed continuation of

SWP No.2547/2013, MP No.3736/2013

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the services of the petitioner. However, the respondents by an order dated

26.07.2012 regularized the services of the petitioner with prospective effect. In

the aforesaid factual background, the petitioner has approached this Court.

Learned counsel for the petitioner while inviting the attention of this Court

to Government Order No.1285-GAD of 2001 dated 06.11.2001, submitted that the

Government has taken a decision to regularize the services of all ad hoc

appointees, who have been recruited from time to time beyond 29.12.1998 subject

to terms and conditions mentioned therein. It is further submitted that the

petitioner fulfils all the conditions mentioned therein and, therefore, he is entitled

to the benefit of the aforesaid order and the respondents are, therefore, under an

obligation to confer the benefit of the aforesaid order on the petitioner and to

regularize his services from the date when he has completed seven years of

service. On the other hand, learned Deputy Advocate General submits that

suitable action in accordance with law shall be taken.

From perusal of the pleadings of the parties and from the facts of the case,

it is evident that the petitioner is performing the duties on the post of the Orderly

since 29.07.1993 uninterruptedly and he is entitled to the benefit of the

Government Order No.1285-GAD of 2001 dated 06.11.2001. Accordingly, it is

directed that the competent authority-respondent Nos.1 and 2 shall take a decision

with regard to regularization of the petitioner on the post of Orderly with

retrospective effect in the light of the Government Order No.1285-GAD of 2001

dated 06.11.2001 by a speaking order within a period of two months from today.

Needless to state that in case, the petitioner is found entitled to the benefit of the

aforesaid order, all consequential benefits shall be accorded to him.

With the aforesaid directions, the writ petition stands disposed of along

with connected MP.

(Alok Aradhe)

Judge