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Judgment
The short grievance projected by the petitioners in these writ petitions is that the petitioners have been working in the Revenue Department as Settlement Assistants since the year 2008. They have successfully completed the Patwar training and are also graduates; they are, thus, eligible to be appointed as Patwaries on regular basis.
In these petitions, the petitioners have inter alia prayed for a direction to the respondents to take the recommendations made in their favour for their adjustment as Settlement Assistants to a logical conclusion. Reference has also been made to the communication of the Financial Commissioner (Revenue), J&K, Srinagar bearing No. FC (NG-PTAI) 812-I/2012 dated 16.08.2013.
During the pendency of these petitions and taking note of the later development, the petitioners have also filed applications bringing it to the notice of the Court that under the similar set of circumstances the petition filed by their counterparts serving in Kashmir Valley was allowed by a Bench in Srinagar directing the respondents to consider their case for regularization in terms of Section 5 of J&K Civil Services (Special Provisions) Act 2010. It is also brought on record that pursuant to the directions issued by the Court, the matter was considered and the petitioners in the aforesaid writ petition were appointed. Learned counsels for the petitioners have also placed on record the order of their appointments.
I have considered the submissions made by learned counsel for the petitioners and perused the record.
The petitioners, who are serving as Settlement Assistants in the Revenue Department in Jammu Division on consolidated basis are similarly situated with the writ petitioners of SWP No.1462/2017, which was disposed of by a Bench of this Court in Srinagar vide judgment dated 31.07.2017 by directing the respondents to consider the case of the petitioners therein in terms of Annexures F&G therein read with Section 5 of the J&K Civil Services (Special Provisions) Act 2010 within four weeks. The Court while disposing of the aforesaid writ petition had also observed that the Court had not expressed any opinion on merits of the case. This made the petitioners to the aforesaid writ petition to file LPA bearing LPAOW No.150/2017, which was disposed of by the Division Bench of this Court in Srinagar vide judgment dated 13.09.2017 granting further period of four weeks to the respondents to accord consideration to the appellants' case, as directed by the learned Single Judge.
Accordingly, consideration was accorded and the Deputy Commissioner/Chief Executive Officer, LAHDC, Kargil vide his order No. DC-K/SQ-231/III/2013 dated 30.11.2017 appointed two persons, the petitioners in the aforesaid writ petition, as Patwaries on substantive basis. The cases of the petitioners are in no manner different from the case of writ petitioners of SWP No.1462/2017.
In view of the above, these writ petitions are allowed and a direction is issued to the respondents to consider the cases of the petitioners for their regularization/adjustment as Patwaries in the light of the communication issued by the Financial Commissioner vide his No. FC (NG-PTAI) 812-I/2012 dated 16.08.2013 read with Section 5 of the J&K Civil Services (Special Provisions) Act 2010 within a period of six weeks from the date a certified copy of this order is served upon them. The respondents, while according consideration to the cases of the petitioners, shall also take note of the order No. DC-K/SQ-231/III/2013 dated 30.11.2017 passed by the Deputy Commissioner/CEO, LAHDC, Kargil and if it is found that the petitioners are similarly situated with the petitioners of SWP No.1462/2017, who have been appointed as Patwaries substantively vide order dated 30.11.2017, the similar order in favour of the petitioners may also be passed.