Years Of Service Alone Does Not Entitle A Daily Wager To Regularization, Eligibility To The Post Paramount Consideration
Case: State of J&K Vs Mushtaq Ahmad Naik & Ors.
Coram: Chief Justice Pankaj Mithal and Justice Javed Iqbal Wani
Case No.: LPA No. 111/2019
Court Observation: “A plain reading of the aforesaid provision would manifestly suggest that a Daily Rated Worker would become eligible for regularisation on fulfilment of all the conditions as contained therein. All the conditions are inter-dependent and have to be fulfilled by a daily wager whose case is to be considered for regularisation…”
“The writ petitioner/respondents herein admittedly have consented to abide by the conditions imposed by the appellants qua the filing of affidavits in the year 2009 and then turned around and filed the petition in the year 2017.”
“A Daily Rated Worker would become eligible for regularization on fulfilment of all the conditions as contained in Rule 4 of the provisions of SRO 64. Completion of seven years of continuous period of daily wage service alone thus would not entitle a daily wager for regularization unless such daily wager fulfills other eligibility conditions,”
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