Laxmi Datt Palshy vs State Of Uttarakhand & Others

Manoj Kumar Tiwari, J

Heard learned counsel for the parties.

Petitioner was appointed as Seasonal Collection Amin in District Pithoragarh, in the year 1989. Upon creation of District Champawat, he was given appointment on seasonal basis as Amin, in District Champawat.

Grievance of the petitioner is that persons junior to him were regularized in the year 2006. In this writ petition, petitioner has sought a direction to Competent Authority to treat the petitioner as regularized on the post of Collection Amin with effect from the date when respondent nos. 4, 5 & 6 were regularized. Petitioner has also challenged an order passed by District Magistrate, Champawat.

Perusal of the representation submitted by petitioner, which has been rejected by District Magistrate by the impugned order, reveals that the relief sought by petitioner in the present writ petition was not sought before District Magistrate, as there is no prayer made in his representation that he be regularized from the date of regularization of his juniors.

In such view of the matter, the order passed by District Magistrate cannot be faulted.

However, having regard to the fact that persons junior to the petitioners were regularized in 2006; while, petitioner was regularized in 2012, the writ petition is disposed of with liberty to petitioner to approach the District Magistrate concerned, by making a representation. If petitioner makes representation within ten days from today, decision thereupon shall be taken within ten weeks thereafter.

Till decision on petitioner’s representation, the order impugned in this writ petition, shall be kept in abeyance.