HC directs State to regularize DRW from 1996 who perform duties in 1996 elections
15/10/2019
JAMMU, OCT 14: In a peititon filed by Ghulam Mohammad Malik seeking direction to respondents declaring the regularization of the Petitioner w.e.f. 17.10.2005 as illegal and non-est in the eyes of law and also seeking direction to respondents to grant retrospective effect to the regularization of the petitioner w.e.f. 01.10.1996, as has been done in case of other similarly situated daily rated workers, having regard to the mandate of Government order No. 1733-GAD of 1997 dated 24.10.1997 and grant all consequential benefits accruing thereto in favour of the petitioner.
Justice Ali Mohammad Magrey after hearing Sr. Adv Jehangir Iqbal Ganai with Adv Omais Kawoosa for the petitioner whereas Deputy AG Irfan Andleeb for the State observed that this Court has considered the issue with reference to delay on the part of the petitioner in seeking the benefit of regularization of his services and is of the opinion that it is the inaction of the respondents that has formed the basis for such delay.
The records bear testimony to the fact that the matter has remained pending with the Government/ respondents for a considerable period of time, firstly, for accord of relaxation in favour of the petitioner and, thereafter, sanctioning the regularization of the services of the petitioner and allowed the petition with the direction to respondents to give effect to the regularization of the services of petitioner in the respondent Department from the year 1996 in terms of Government order No. 1733-GAD of 1997 dated 24.10.1997. Court also directed to release all the consequential benefits and arrears in favour of the petitioner from 1996 against the post presently held by the petitioner. JNF
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