Srinagar: The High Court of J&K and Ladakh on Monday noted that Helpers in LAWDA department have not been promoted and not even paid dues for last 13 years, which makes it seem that government officials “just slept over the matter”.
Justice Sanjay Dhar recorded that because of this attitude of respondents, the regularised helpers working in Lakes and Waterways Development Authority (LAWDA) have not been able to get their dues even after 13 years and their legitimate rights have been denied.
It was noted by court that the respondents in terms of Government Order No.257-F of 2008 dated 03 September, 2008 were required to take immediate steps to resolve the issue of induction of petitioners in regular hierarchy of the LAWDA by amendment of Recruitment Rules.
Justice Dhar said,” It seems that respondents just slept over the matter and did not take steps in pursuance of the aforesaid Government Order for a pretty long time or even if they initiated the process but the follow up has been extremely tardy in the sense that the issue has not been resolved even after lapse of 13 years.”
The court directed the respondents to take all necessary steps in the direction of induction of petitioners in organizational hierarchy of LAWDA by making necessary amendments in the relevant Recruitment Rules in accordance with the mandate of Government order dated 3 September, 2008.
“The exercise in this regard shall be undertaken by the respondents expeditiously within a period of two months from the date a copy of this order is produced by the petitioners before the respondents,” the court directed.
The court said till this exercise is undertaken, the respondents shall not fill up Class IV posts in the LAWDA by direct recruitment.
Earlier, the petitioners working as Helpers in LAWDA department filed a plea stating that they were initially engaged on daily wage basis in Urban Engineering Environment Department of Government of Jammu and Kashmir in the year 1997.
“With the creation of LAWDA, the petitioners were transferred to the establishment of the LAWDA. In terms of SRO 64 of 1994, the petitioners came to be regularized as Helpers from time to time with effect from 01, April 1995 to 0, April 2001 on completion of seven years of service on daily wage basis,” the petitioners submitted.
According to the petitioners, the respondents were supposed to adjust the regularised Helpers against the regular posts available in the organizational hierarchy of LAWDA so as to offer them avenues of promotion to higher posts available in LAWDA. However, the same was not done by the respondents.