Imtiaz Ahmed And Ors vs Ut Of J&K & Ors
2022 Latest Caselaw 1408 j&K

                                                                       Sr.No. 148


             HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                           AT JAMMU


                                                     WP(C) No. 2135/2022
                                                     CM No. 5794/2022

Imtiaz Ahmed and ors.                                    ....Petitioner/Appellant(s)

                    Through :- Mr. N.D. Qazi, Advocate.

V/s

UT of J&K & ors.                                                 ....Respondent(s)


          Through :-
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                                     ORDER

10.10.2022 The petitioners ten in number, who claim to have been serving as

Home Guards for the last more than twenty years, are expecting their

regularization on the basis of a mandate of the judgment of the Hon'ble Supreme

Court as referred in para 7 of the writ petition with respect to a case of 'State of

West Bengal and others Vs. Pantha Chatterjee' and others but the said

regularization though feeding their legitimate expectations is proving to be

elusive to them as a result whereof the petitioners have found themselves

constrained to approach this Court with the present writ petition with a dual end,

firstly of saving their present position as serving Home Guards in their respective

place of postings so as not to be replaced by the new comers and secondly to

have their regularization on the parity basis as carried out in the States of West

Bengal and Andaman and Nicobar.

The petitioners rely on a number of interim orders passed by this Court

in different writ petitions filed by similarly situated Home Guards and reference

to said writ petitions is SWP no. 2510/2018 and WP(C) No. 1773/2021 which

are said to be pending before this Court in Jammu wing as well as Srinagar wing

respectively.

Issue notice to the respondents returnable within six weeks.

List the matter on 07.12.2022.

Petitioners to furnish registered postal covers for service of the

respondents within ten days.

In the meantime, the status of the petitioners in the context of their

position as Home Guards not to be disturbed and further petitioners not to be

deprived of their monthly honorarium till next date of hearing.

(Rahul Bharti) Judge

JAMMU 10.10.2022 NARESH