AI Structured Summary
Not yet generated for this judgment
Judgment
Rahul Bharti, J
The petitioners find their longstanding engagement as sweepers exposed to termination by virtue of the impugned order no. HD-Lgal/187/2023-02(CC-7220191) dated 16.10.2023 passed by Deputy Secretary to Government, Health and Medical Education Department read with order no. DHSK/Legal/E-7078516/384-365, dated 03.11.2023 passed by Deputy Director, Health Services, Kashmir division.
At page 14 of the writ petition, the petitioners have given their respective date of engagement as sweepers and submit that ever since their respective date of engagement, they have been continuously serving the institutions day in and day out to the best of their abilities.It is only by virtue of their physical efforts that the cleanliness of the hospital premises was made possible.Now, on the pretext of the cleanliness assignment being outsourced by the Government, the petitioners are exposed to disengagement without adopting due course of law and without acknowledgement of the fact that by their longstanding engagement, the petitioners have acquired a legal status entitling them to an exception of confirmation.
Prima facie case made out.
Issue notice to the respondents.
Petitioner to furnish registered postal covers for service of the respondents within a period of 07 days, whereupon the Registrar Judicial, Srinagar shall issue notice to the respondents.
List on 21.02.2024.
In the meantime, the petitioners’ engagement current status shall not be disturbed and the operation of the impugned order no. HD-Lgal/187/2023-02(CC-7220191), dated 16.10.2023 passed by Deputy Secretary to Government, Health and Medical Education Department and order no. DHSK/Legal/E-7078516/384-365, dated 03.11.2023 passed by Deputy Director, Health Services, Kashmir division, vis-à-vis the petitioners shall not be given effect to.
This order is, however, subject to objections from the other side.