Bhanu Pratap Singh vs State of Uttarakhand & others

Manoj K. Tiwari, J.

Since common question of facts and law are involved in these petitions, therefore, both these writ petitions are being heard and decided by this

common judgment. However, for the sake of convenience, facts of WPSB No. 52 of 2015, are being taken into consideration for disposal of these

matters.

By means of this writ petition, petitioner has sought following reliefs:-

(i) Issue a writ of certiorari to quash the advertisement dated 3.2.2015, the post of Lecturer (Food & Beverage Management/Restaurant) so far

relates to the petitioner.

(ii) Issue a writ order or direction in the nature of mandamus directing the respondents not to filled up the post of Lecturer (Food & Beverage

Management/Restaurant) advertised by the respondent no. 4.

(iii) Issue a writ order or direction in the nature of mandamus directing the respondents not to filled up the post of Lecturer (Food & Beverage

Management/Restaurant) advertised by the respondent no.4.

Petitioner was appointed on contract as Lecturer in Government Hotel Management & Catering Institute, Almora during Academic Session 2007-

08 and he is thereafter continuously serving in the said capacity. According to the petitioner, he possesses Bachelors Degree in Hotel Management &

Catering Technology, therefore, he is eligible for regular appointment as Lecturer (Food & Beverage Management/Restaurant). Petitioner has claimed

regularization of his services under the Regularization Rules, notified on 30.12.2013.

Petitioner has also challenged the advertisement dated 03.02.2015, whereby the post against which he is serving, has been notified. He contends

that by virtue of Regularisation Rules, notified on 30.12.2013, he has a preferential right to be considered for regularization and the post can be

advertised only when he is found unsuitable for regularization.

In the counter affidavit filed by Principal of the Institute in WPSB No. 52 of 2015, it is stated that petitioner has not worked continuously and his

status is that of a part time Lecturer and not contract Lecturer. It is further stated in the counter affidavit that power to give regular appointment vests

in the State Government and the entire record of the petitioner has been sent to the Tourism Directorate for considering his case for regularization.

Since the State Government has framed Rules in exercise of its power, under proviso to Article 309 of the Constitution of India, which provide that

anyone appointed on daily wage, work charge, contract, consolidated salary, part-time or ad-hoc basis on or before 30.12.2008 shall be considered for

regularization. Whether petitioner is eligible in terms of the said Rules for regularization or not is required to be considered by the Competent

Authority.

In view of the stand taken in the counter affidavit filed by the Principal, Government Hotel Management & Catering Institute, Almora, both writ

petitions are disposed of with a direction to the Competent Authority to consider petitioner’s claim for regularization in terms of the Regularization

Rules, notified on 30.12.2013 and pass appropriate order, within eight weeks from the date of production of certified copy of this order. Till passing of

the final order by the Competent Authority, one post of Lecturer (Food & Beverage Management/Restaurant) shall be kept vacant.