Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Jammu and Kashmir Civil Service Regulations 1956: Article 207-Scope and interpretation of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law : Jammu and Kashmir Civil Service Regulations, 1956: Article 207-Scope and interpretation of. State Government-Employees-His status, rights and obligations-Determination and modification of.State of J and K-Government servants-Permanent appointment before 1963 in industrial units of State-Incorporation of a private limited company-Entrustment of State Industrial Units to company-Employees given benefit of revision of grades and D.A. as paid to Government servants despite regulations framed by company-Order passed by Governor-Pursuant thereto orders passed by company-Denial to appellant-employees of parity of service conditions with Government employees-Held not legal-Posts of Government employees could not be abolished on the basis of instructions issued by Governor-Held appellant-employees continue to be servants of State Government-On facts appellants held not guilty of laches. The appellants, appointed prior to 1963 as permanent Government servants, were serving in industrial units run by the Department of Commerce and Industries of the State of Jammu and Kashmir. Subsequent to the incorporation of Jammu and Kashmir Industries Ltd. the Governor issued an order dated 8th October, 1963 whereby these Undertakings were entrusted to this company. Even after this "entrustment" the appellants continued working in the industrial undertakings in which they were initially appointed and continued to enjoy the same benefit of service with regard to emoluments, leave and pension as other Government employees. Further despite enactment of the Jammu and Kashmir Civil Service Regulation, 1956 by the Company the appellants were given benefits of revision of grades and dearness allowance as were paid to the other Government servants of the State.Thereafter on the basis of the report of the Rajan Committee, which examined the wage structure of the employees of the Public Sector Corporations, the Governor issued an order on 26th April, 1980 and pursuant to this the Company issued two orders both dated 8th May, 1980 one relating to the cost of living allowance and the second relating to fixation of wages. A third order dated 10th November, 1980 laid down that the leave of regular employees of the company would be allowed as per the Factories Act and not as per Leave Rules of the Corporation which were applicable to them in the past. As these three orders had in effect denied the appellants parity of service conditions with Government employees they filed a writ petition before this Court challenging these orders. This Court directed that they should first approach the High Court. Before High Court they sought directions that they should be deemed to be governed by Service Rules and Regulations which are applicable to the State employees and be held entitled to the same salary, emoluments, D.A. leave etc., as would be available to the Government servants under the State Government. The High Court rejected the appellants' claim on the ground that they had voluntarily surrendered their status as Government servants in 1963 under Article 207 of the Jammu and Kashmir Civil Service Regulations, 1956 and that in any event their claim was barred by delay and laches. |
Judge | Hon'ble Ms. Justice Ruma Pal |
Neutral Citation | 2002 INSC 105 |
Petitioner | Jawahar Lal Sazawal And Ors. |
Respondent | State Of J&k And Ors. |
SCR | [2002] 2 S.C.R. 66 |
Judgement Date | 2002-02-27 |
Case Number | 3079 |
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