Despite SC order, Casual labour awaiting regularization from 17 years



Despite orders from Supreme Court of India and J&K High court, the department of Soil conservation has allegedly failed to implement the judgment of the courts regarding regularization of Shahida Bano who has been working for 17 years in the department.
On October 30, the Supreme Court of India dismissed the petition of Department of soil conservation challenging the judgment of J&K High Court.
 “We do not find any legal and valid ground for interference. The special leave petition is dismissed,” reads judgment given by Justice Ranjan Gogoi and Justice Abhay Manohar Sapre.
Shahida Bano, daughter of late Manzoor Ahmad Malik of Haigam Sopore lost her brother and father during Militancy. Then she approached the then forest minister for absorption who instructed the then director soil conservation for her engagement as the casual labour in soil conservation department Baramulla. She began working in the department from May 12, 1998.
 “I was engaged then and now completed 17 years of service. My wages came to be paid in pieces thereby causing starvation to my family. I made personal representations to the helmsmen of forest department including ministers and other highly placed officers in the department but no attention was paid towards my grievances. Even approached High Court through service writ petition,” explained Shahida Bano.
The HC directed the government to regularize the services of Shahida Bano on the criterion of SRO 64 “but department of soil conservation picked holes in the same judgment and stated that she can’t be considered within the contemplation of SRO 64 as the cut off dates for such regularizations was 1994”.
The Government filed a latent patent appeal (LPA) in Division Bench of HC J&K at Srinagar where Chief Justice Vasant kumar and Justice Ali Mohammad Magrey dismissed appeal (LP) of the government and gave direction to accord consideration to regulziation of service of the respondent in the appeal on completion of seven years.
The Soil Conservation department again chose to approach SC through the medium of SLP Special leave petition (SLP) that was again dismissed on October 30 2015.
Shahida said that the Forest Department has been playing pranks with the categorical imperative of the courts mindfully thereby challenging the authority and majesty of the courts. Actually the main persons responsible for this whole melo-drama are Zahoor Ahmad, sectional officer in directorate of soil conservation and Mohd Afzal Bhat the then commissioner secretary forest.
 “It is astounding that if such people trampled down and desecrates the sanctity of court orders then the expectation with the overtone for providing the justice to aggrieved person can be simple imagination. The respondent was admitted to hospital for least 20 times because of her high blood pressure trend due to stress,” said Mohammad Muzzafar Parray, advocate and MLC Congress, adding, “I will now approach governor soliciting his indulgence in the matter.”
When contacted Director Soil Conservation, Ravi Kesar, he said, “I have not yet received the SC judgment and will implement once received. How can I sideline SC judgment?”

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