Kashmir Phe Joint Employees ... vs Union Territory Of J&K And Ors
2021 Latest Caselaw 730 j&K/2

                               IN THE HIGH COURT OF JAMMU AND KASHMIR
                                             AT SRINAGAR
       After Notice
       Sr. No.413
                                                  WP ( C ) 906/2021
                                            CM (2854/2021), CM ( 2855/2021)


       Kashmir PHE Joint Employees Association Exchange Road Srinagar

                                                                                                    ....Petitioner(s)
                                 Through    Mr. M.A.Qayoom, Adv.

                                                            V/S
       Union Territory of J&K and ors.
                                                                                                 .... Respondent(s)
                                  Through    Mr. Irfan Andleeb, Dy. AG
       CORAM:
                  Hon'ble Mr. Justice Ali Mohammad Magrey, Judge

                                                        ORDER

08.07.2021

Petitioners claim to be working as Casual Labourers / Daily Wagers in the respondent Department. They are aggrieved of Government order No.39-JK(JSD) of 2021 dated 15.02.2021, in terms whereof the Government has transferred the Division where petitioners were working in various capacities, to Srinagar Municipal Corporation (SMC) for O&M of water supply schemes and allied infrastructure within the jurisdiction of Srinagar City alongwith posts of permanent officers/officials. However, there is no mention of these casual labours/ Daily wagers but only clause (vii) provides for transfer of funds for engagement of casual Labourers/DRWs.

Mr. Qayoom, learned counsel for the petitioners, submits that these Casual Labourers/Dailywagers are working since 1992 onwards and they have earned a right for seeking continuation and regularization in terms of SRO 520. It is submitted that the impugned Government order cannot supplement the rule which vests the right of continuation and regularization in favour of the petitioners. Therefore, the decision of the Government in asking the transferee corporation to engage the petitioners a fresh, is not only arbitrary, unwarranted but also against rules.

Mr. Qayoom submits that the impugned decision notified in terms of the Government order supra further violates the right of the petitioners in seeking regularization for having worked for a considerable time.

Mr. Irfan Andleeb, learned Dy. AG, submits that the subject matter of the petition is not amenable to the writ jurisdiction of this court and only CAT Bench Jammu has jurisdiction The submission of the counsel, prima facie, has no merit / substance. The relief claimed by the Casual labourers/ Dailywagers for their regularization cannot form the basis for declaring the petition not maintainable. Mr. Irfan , Ld. Dy. AG while reiterating the submission has made reference to Judgment of the Supreme Court reported as (1995) 5 SCC 678, which on consideration is distinguishable.

Notice waived by Mr. Irfan Andleeb, Dy. AG Reply within four weeks.

In the meanwhile, the order impugned to extent of transferring the Casual Labourers/Dailywagers under the control of Jal Shakti (PHE) City Water Works Division, Srinagar and PHE Mechanical Division, Srinagar, shall stay till next date before the Bench and the petitioners shall be allowed to continue in Jal Shakti (PHE) Department. They shall be regularly paid their wages also.

List on 21.10.2021

(Ali Mohammad Magrey) Judge SRINAGAR 08.07.2021 Gh. Nabi Secy'

GH NABI MALIK 2021.07.09 03:05 I attest to the accuracy and integrity of this document