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Judgment
The petitioners is seeking to quash the impugned order No. Estt/Gen/73334 dated 2691994, whereby the petitioner has been discontinued. The
petitioner has stated in the petition that the petitioner is working as Daily Wager in the department since the year 1991. The petitioner is a
Matriculate and has passed Diploma in Knitting Trade from District Industries Centre, Jammu. The petitioner was employed by the respondent
No. 3 as a Daily Wager for a period of 89 days in the year 1991, which arrangement was extended from time to time and the petitioner is
continuing against the post till date. The petitioner made an application to the respondents, to regularize her services and to refrain from giving a
day's break after the expairy of 89 days. The case of the petitioner was referred to the respondent No. 2, who under his order No Estab. JK/113
dated 1271994 directed to continue the petitioner on Daily Wage basis without a day's break like other Daily Wagers working in the Department.
The respondent No. 2 also instructed the respondentNo. 3 on 931994 to continue the petitioner on Daily Wager till further orders. The respondent
No.3 has issued the impugned order for discontinuation of the petitioner which has been challenged on the ground that the petitioner has a right to
continue as a Daily Wager in terms of SRO 64 of 1994 dated 2431994 and the impugned order has violated fundamental rights of the petitioner.
The respondents have failed the objections opposing the petition on the ground as Daily Wager as the arrangement in which the petitioner was
working has been discontinued.
The learned counsel for the parties has submitted that the petition be disposed of at this stage.
I have heard the learned counsel for the parties and pursed the record.
The contention of the petitioner that the impugned order is violative of SRO 64 of 1994 has merit. The respondents has promulgated Jammu and
Kashmir Daily Rated Workers/Worked Charged Employees (Regularisation) Rules, 1994 under SRO 64 of 1994 dated 24th March, 1994. Rule
8 of the said rule stipulates as under:
Application of rules to existing Daily Rated Worker and Work Charged Employees.
The Policy of absorption of Daily Rated Workers and Work Charged Employees shall also apply to such of the existing Daily Rated Workers arid
Work Charged Employees who may not have completed seven years on 3131994 but may complete by the end of subsequent financial years and
their absorption shall be considered in that financial year in accordance with these rules.
It is manifest from the above rule that the petitioner is clothed with a right to continue till absorption as the petitioner is an existing Daily Rated
Worker and also has a right of consideration for regularisation of her services after having completed seven years. The impugned order appears to
be violative of Rule8 of the JandK Daily Rated Workers/Word Charged Employees (Regularisation) Rules, 1994 and deserves to beset aside.
For the above said reasons, the writ petition is allowed and the impugned order is set aside. Necessary consequences shall follow. The
respondents are directed to permit the petitioner of continue as Daily Rated Worker as she was Working prior to the issuance of the impugned
order. It also disposes of OMP No. 1562 of 1994.