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Judgment
Two petitioners are seeking their right to be permanently absorbed in the Department concerned on the ground that they have so far rendered
their valuable service in the department yet there is no fruit in their hands.
The two petitioners were initially engaged as runners on daily rated wages in Kashmir Fruit Forwarding Agency Sopore (KFF) in 1990. Their
services were also utilised for watch and ward of Fruit Mandi Sopore, which is evident from the letter of the Officer, in charge Assistant Grading
and Marketing Officer, KFF Sopore No.2KFF/ Sop/HDM/90/104-105 dated 15.03.1990 addressed to Director, Horticulture Planning and
Marketing Department, Government of J&K, Srinagar; copy whereof has been sent to Area marketing Officer, Sopore, for information. A similar
order was passed in respect of other person, namely, Farooq Ahmad Wani, in September 1992. Petitioners made a request to the respondents
that they should be appointed on regular basis, stating that many persons have been confirmed but the petitioners have not been accorded
consideration for regularization. There is an endorsement for regularization of the petitioners by the competent authority as their work has been
found satisfactory and they can be considered for regularization.
Communication No.2-AMO of 1996 dated 22.02.1996 issued by Area Marketing Officer, Sopore divulges that in the interest of administration
and that of Fruit Mandi Sopore, the daily wagers engaged for watch and ward of the Fruit Mandi Sopore shall work under the complete
supervision and guidance of Mr. Mohd Sharief Najar; copy whereof has been sent to Director, Horticulture Planning & Marketing Department,
and others for information. In terms of communication No. 904/DDK/ 99-2000/971 dated 30.06.1999, addressed to Director, Horticulture
Planning and Marketing Department, the Deputy Director Horticulture, Srinagar, sought allotment of funds for drawing wages in favour of daily
wagers working in the office of Area Marketing Officer, Sopore, that has been allowed after much persuasion of the petitioners and they were,
accordingly, paid. Thereafter petitioners continued to work regularly for more than two decades and their wages paid, except their services have
not been regularized. AMO Sopore in his letter dated 16.10.2006 addressed to Deputy Director, Horticulture (P&M), Kashmir, has mentioned
that two daily wagers in Sopore Mandi, namely, Farooq Ahmad & Abdul Hameed (Petitioners herein) engaged in the year 1992, have put more
than 14 years of service and therefore, recommended that they should be regularized. The Deputy Director, Horticulture (P&M), Kashmir, vide
another letter dated 29.11.2006 (Annexure-J), addressed to Director Horticulture (P&M) Jammu, reads:-
Mr. Farooq Ahmad Wani and Abdul Hamid Shiekh has been engaged on daily wager basis for watch and ward of Sopore Mandi
as per the instructions of Government and are working in the Department from last 14 years on the same position.
Since the Department is allocating the funds debit to wages every year. It is therefore requested that necessary arrangements may
kindly be created for their regularization under rules as the concerned are working on the same position"".
On 30.03.2011, Director Horticulture (P&M) Narwal Jammu vide communication No.DHPM/101/2011/9335, addressed to Principal
Secretary to Government, Agriculture Production Department, J&K Government, Jammu, setting out the reasons as to why these two persons
should be regularized, recommended as follows:-
The incumbents have worked in the KFF an apex body of FCCM societies from 1992 and later on in view of authorization of
Administrative Department their services have been utilized by the department since October 1994 for the watch and ward of Sopore
Mandi. It is as such requested to approve provision of wages to the tune of Rs. 0.80 lacs ( Rupees Eighty Thousand only) per annum
for them in the plan/on-plan budget and also consider their request for regularization. However, it is pertinent to mention that
department has six Class IV posts available outside the state in various Area Marketing Officers and in view of length of service
rendered by the incumbents they may kindly be considered for engagement/regularization against said posts"".
Communication bearing No. DHPM/101/2013-2014/ 5459 dated 10.01.2014, addressed to Commissioner/ Secretary to Government,
Agriculture Production Department, J&K Government, by Director, Horticulture (P&M), Narwal, Jammu, reveals that similarly placed persons
have been regularized and petitioners have worked satisfactorily under their superior authorities and the highest official has considered and
recommended their regularization and also suggested as to how they should be regularized in their proceedings dated 30.03.2011 and 10.01.2014,
drawing analogy from the similarly situated persons.
The case of the petitioners falls within the same parameters as has been adopted in the case of Fakur-din and Kishori Lal who have been
granted benefit of regularization.
Mr. M. A. Wani, learned AAG, states that petitioners were engaged in an Apex Body of the Cooperative Societies and not in a Government
Department, therefore, writ petition will not lie. The second contention of learned AAG is that they have been engaged after the ban and therefore,
they cannot seek benefit of regularization. The first contention appears to be fallacious because as per the recommendations dated 30.03.2011 and
10.01.2014, of the Officers of Horticulture (P&M) Department they have suggested that regularization of the petitioners because of the nature of
job which the petitioners are doing. Furthermore order No. 303-DHPM of 2009 dated 16.11.2009, in respect of two other persons, namely,
Fakrudin and Kishori Lal, who were also working and were similarly placed were regularized and therefore, there cannot be discrimination
between the two similarly situated cases merely on ipse dixit. Therefore, the contention of learned AAG is rejected.
For the reasons mentioned above, writ petition is allowed and the respondents are directed to consider the case of the petitioners for
regularization within stipulated time frame preferably within two months from the date of receipt of copy of this order.
Writ petition is disposed of along with connected MPs.