Ved Parkash And Another vs Arun Kumar Mehta
2023 Latest Caselaw 1504 j&K

                                                                   Sr.No. 13

HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU
                                                            CPSW No. 24/2017
                                                            CM No. 4475/2022

Ved Parkash and another                                  ....Petitioner(s)/Appellant(s)

                   Through :- Mr. M. P. Sharma, Advocate.

V/s

Arun Kumar Mehta, Chief Secretary and                                ....Respondent(s)
others

                Through :-      Ms. Aparna Gupta, Advocate vice
                                Mrs. Monika Kohli, Sr. AAG for R-1,2 &4.
                                Mr. Vishal Bharti, Dy. AG for R-3& 5.

Coram: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

                                    ORDER

1. Status report stands filed on behalf of respondent Nos. 3 and 5, but the

same in not in consonance with the judgment dated passed by this Court on

17.10.2016, wherein it is specifically stated the fact that the petitioners' had

been engaged as Daily Wagers was not denied, however, their cases appear to

have been rejected only on account of the fact that they were performing the job

of Sweepers at the premises of Migrants Camp at Kathua, as against the case of

Balwant Singh, who had also been engaged as a Daily Wager by the Relief

Organization in the year 1991, as an Orderly.

2. Respondents were directed to consider the claim of the petitioners afresh

on the analogy of Balwant Singh who was engaged in the year 1991.

3. Consideration order dated 27.03.2023, has been passed by respondent

No.5, wherein it is stated that after the abrogation of Article 370 and bifurcation

of erstwhile State of J&K into two Union territories, all laws regarding

regularization including the J&K Daily Rated workers /work charged Employees

(regularization) Rules, 1994 are under Administrative Review in General

Administration Department and further Respondent No. 3& 5 are not

competent to regularize the services of the petitioners. It is stated that the

Administrative Department of DMRRR as well Relief Organization Migrants

Jammu do not have its own cadre strength, wherein these petitioners can be

considered for regularization.

4. It is very unfortunate that respondents on one hand have stated that J&K

Daily Rated workers /work charged Employees (regularization) Rules, 1994 are

under Administrative Review in General Administration Department and on the

other hand respondents have passed the consideration order wherein the claim of

the petitioners has been rejected.

5. Learned counsels for the respondents are directed to file fresh compliance

report strictly in conformity with judgment dated 17.10.2016 within a period of

four weeks with an advance copy to the counsel for the petitioners.

List on 16.09.2023.

(MOKSHA KHAJURIA KAZMI) JUDGE

Jammu:

04.08.2023 Renu