Excelsior Correspondent
JAMMU, May 16: Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Dhiraj Singh Thakur has directed the State to regularize the daily wagers who have completed seven years of service.
The direction was passed while dismissing LPA filed by State Government against the judgment of Writ Court whereby Single Judge had directed the appellants to regularize the services of the writ petitioner with effect from the date he became eligible within a period of three months. It was also ordered that the respondent would be entitled to all other benefits which he would otherwise have received on the completion of his seven years of service.
However, the judgment of Writ Court was challenged by the State in the Division Bench by filing LPA.
After hearing both the sides, the DB observed, “regularization of persons appointed till 06.11.2001 from the date of completion of seven years of service from their initial appointment was ordered by the Government pursuant to the Cabinet Decision dated 10.09.2001”, adding “the Government Order No.1285-GAD of 2001 dated 06.11.2001 states that all adhoc appointees to non-gazetted posts recruited from time to time beyond 29.12.1988 till the date of issue of the order, who are still in service be considered for regularization after completing seven years of continuous service from the date of appointment dispensing with reference of posts held by them to Service Selection Board”.
“In this case, the respondent was engaged as daily wager in August, 1996 and his claim was already accepted by this court and the Government assured before this court in contempt petition to regularize on completion of 7 years”, the DB said.
While dismissing the appeal of the State Government, the DB directed the appellants to implement the order of Writ Court dated 26.11.2009 within a period of one month with all consequential benefits. While calculating the monetary benefits payable to the respondent, the salary already paid on daily wage basis to him shall also be adjusted, the DB added.
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