(Ranjan Gogoi and Navin Sinha, JJ.)
Commissioner/Secretary, Through its Under Secretary, Department of Health, Jammu & Anr. ____________________________ Appellant(s)
v.
Anand Gopal Misra _______________________________ Respondent
Civil Appeal No(s) 10921 of 2017 [Arising out of Special Leave Petition (Civil) No. 30004 of 2016], decided on August 25, 2017
The Order of the court was delivered by
Order
1. Leave granted.
2. We have heard the learned counsels for the parties.
3. We have considered the Government Order No. 355-GAD of 1996 dated 30th April, 1996 under which the claim for regularization was made by the respondent – writ petitioner. We have also considered the order of the High Court dated 28th February, 2000 passed in SWP No. 215 of 1998 directing consideration of the claim of the respondent – writ petitioner and the order of the State Government dated 6th January, 2001 rejecting the claim of the respondent – writ petitioner.
4. Having read and considered the above materials on record we are of the view that the High Court was not justified in directing regularization of the respondent – writ petitioner who was not a daily wage earner and was employed on contract basis and had, in fact, worked for a period of one and half months only.
5. In view of the above, we allow this appeal and set aside the order of the High Court.
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S). 30004/2016
Commissioner/Secretary Department of Health & Anr ____ Petitioner(s)
v.
Anand Gopal Misra _________________________________ Respondent
Date : 25-08-2017 This petition was called on for hearing today.
(Before Ranjan Gogoi and Navin Sinha, JJ.)
For Petitioner(s) Mr. G.M. Kawoosa, Adv.
Ms. Palak Mittal, Adv.
Mr. M. Shoeb Alam, AOR
For Respondent(s) Mr. Sharan Thakur, Adv.
Ms. Natesh Thakur, Adv.
Mr. S. Thakur, Adv.
Mr. Vijay Kumar, Adv.
Dr. Sushil Balwada, AOR
UPON hearing the counsel the Court made the following
ORDER
6. Leave granted.
7. The appeal is allowed in terms of the signed order.
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