Extracted from the PDF above. The PDF is authoritative.
Serial No. 25 Regular Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR SWP 1840/2017 MISS HASHMI KHAN …Appellant(s)/Petitioner(s) Through: Mr. Rizwan ul Zaman, Advocate Vs.
STATE OF JK AND ORS (HOUSING)
...Respondent(s) Through: Mr. Allu din Gania, AAG vice Mr. Hakim Aman Ali, Dy.AG & Mr. Faheem Nisar Shah, GA
CORAM:
HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE.
ORDER 30.08.2025
1. Petitioner herein is seeking direction to the respondents to consider the case of the petitioner for her adjustment in another Municipal Committee on the analogy, which has been given to other similarly situated and circumstanced employees/private respondents, wherein they have been adjusted in other Municipal Committees.
2. It is stated that the petitioner has been engaged on 07.04.2007, as casual labourer in the Municipal Committee Shangus on monthly wages of Rs. 1000.00/- by then Executive Officer Municipal Commiitee Shangus. She has been paid her wages for the period she had discharged her duties. However, respondent had issued SRO 126 dated 22.03.2013, by virtue of which Municipal Committee Shangus was abolished by Government and in view of the abolition of the Municipal Committee, Shangus, the petitioner was also disengaged by the respondents.
3. It is further submitted by the learned counsel for the petitioner that the similarly circumstanced casual labourers were adjusted by the respondents in Municipal Committee Kulgam, in terms of order dated 02.02.2013, however the claim of the petitioner was ignored. Petitioner has relied upon the order passed in SWP 10/2012 titled Gulshana Banoo Vs. State of J&K and and others, which was disposed of on 11.08.2017, whereby this Court had directed respondents to accord consideration to the claim of the petitioner, as has been done in the case of similarly situated employees and to take a decision in accordance with law.
4.
Learned counsel for the petitioner states that the petitioner would feel satisfied if the respondents are directed to consider the claim of the petitioner for her adjustment in any other Municipal Committee.
5. Be that as it may, the instant petition is disposed of with a direction to respondent No. 4, to consider the claim of the petitioner for her adjustment in any other Municipal Committee on the analogy of the similarly circumstanced persons, who were also adjusted in terms of order dated 02.02.2013, if at all the petitioner is similarly circumstanced with them and provided there is no legal impediment.
(MOKSHA KHAJURIA KAZMI)
JUDGE
SRINAGAR: 30.08.2025
“Adil Ismail”