Excelsior Correspondent
JAMMU, July 31: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Acting Chief Justice Tashi Rabstan and Justice Puneet Gupta has dismissed the appeal of the PHE Department and directed UT Government to regularize the services of writ petitioners on the analogy of persons who came to be regularized in March 2006 in terms of SRO 64 of 1994.
This appeal was directed against the judgment dated 29.10.2013 delivered by Single Bench in SWP No.838/2010, whereby the writ respondents were directed to pass fresh order for the purposes of regularizing the services of writ petitioners, who were appointed as Daily Wagers/Daily Rated Workers between the years 1986 to 1994.
The writ respondents vide Government Order No.138-PW(Hyd) of 2006 dated 17.02.2006 regularized the services of various daily rated workers of various divisions of Jammu, Doda, Reasi etc. after completion of seven years of their services, but the petitioners and other similarly situated persons were left out though they had also completed seven years of service.
After hearing both the sides, DB observed, “any casual labourer, who has continued for a fairly long spell, a presumption would arise that there was a regular need for his services and in such a situation, a person cannot be deprived of right of regularization, which he has earned by serving the department for more than seven years on the plea that he was only a casual labour and not a daily rated worker entitled to be regularized in terms of SRO 64 of 1994”.
Quoting various judgments of Apex Court, the DB observed, “we are not inclined to take a view other than the one taken by the Single Judge”. Accordingly, the appeal was dismissed and the judgment/order of Single Judge was upheld. Appellants/writ respondents were directed to regularize the services of writ petitioners on the analogy of persons who came to be regularized in March 2006 in terms of SRO 64 of 1994.
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