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Judgment
Tashi Rabstan, J
The case of the petitioner is that the respondent No. 1 in terms of Circular No. 77(Hyd) of 2013 dated 09.04.2013 directed all the Chief Engineers to engage one member on casual/need basis in lieu of the land donated by them for the purpose of PHE/I&FC Department and under the aforesaid scheme one service reservoir was also sanctioned at Village Nagam (Gund), Tehsil Banihal, District Ramban.
It is averred in the petition that wife of the petitioner belongs to Village Nagam (Gund) and has a share in the property and accordingly the brother-in-law of the petitioner donated land measuring 1 kanal comprising Khasra No. 1017/588, Khewat No. 59, Khata No. 319, situated at Village Nagam, Tehsil Banihal, District Ramban in favour of PHE Department through respondent No. 5, with the understanding that the petitioner will be engaged in terms of the afore said circular. It is stated in the petition that the respondents, accordingly, constructed one service reservoir of capacity 3000 Gallons under water supply scheme Nagam and thereafter the case of the petitioner was processed. After completing all requisite formalities the respondent No. 4 vide communication dated 13.06.2017 submitted 55 number of cases for engagement in lieu of the land donated for creation of PHE infrastructure, in which the name of the petitioner has been shown at serial No. 53. Further stated that the petitioner as per Section 11(b) of the J&K Casual and Other Workers-Regular Engagement Rules, 2017 is eligible for engagement.
It is stated that the respondent No. 4 recommended the case of the petitioner vide communication dated 13.06.2017, but despite lapse of two years, the case of the petitioner has not been considered by the respondents.
Notice.
Mr. Aseem Sawhney, learned AAG appears and waives notice on behalf of the respondents.
Learned counsel for the petitioner submits that he would be satisfied in case the petition in hand is disposed of at this stage by directing the respondents to consider the claim of the petitioner on basis of communication dated 13.06.2017 having regard the SRO-520 of 2017 dated 21.12.2017.
Submission allowed. Accordingly, this writ petition is disposed of with a direction to the respondents to consider the claim of the petitioner on the basis of communication dated 13.06.2017 having regard the SRO-520 of 2017 dated 21.12.2017, provided the petitioner has fulfilled all the terms and conditions, of course, under rules admissible to the field, within a period of two months from the date a certified copy of this order along with complete set of paper book of the writ petition is made available to them.
Disposed of as above along with connected CM.