Mukesh Nautiyal vs State Of Uttarakhand And Three Others

Alok Kumar Verma, J

This writ petition has been filed under Article 226 of the Constitution of India.

Heard Mr. Shubhang Dobhal, learned counsel for the petitioner and Mr. B.S. Koranga, learned Brief Holder for the respondent nos.1 & 2.

Mr. Shubhang Dobhal, Advocate submitted that since the date of his appointment in the year, 2015 as Data Entry Operator in Nagar Palika, Tapowan, District Tehri Garhwal (now Nagar Panchayat), the petitioner has been working on daily wages. He is eligible and fully qualified for regularization of his service with Nagar Panchayat, Tapowan, District Tehri Garhwal. He submitted a representation dated 18.06.2022 (annexure no.4 to the writ petition) before the respondent no.3. The said representation is still pending. Therefore, the petitioner has filed the present writ petition with the following prayers: -

“(i) Issue a Writ, Order or direction in the nature of mandamus commanding the respondents to decide the representations of the petitioner (contained as Annexure no. 4 to this writ petition).

(ii) Issue a Writ, Order or direction in the nature of mandamus commanding the respondents to pay minimum pay scale to the petitioner in pay scale of Rs. 5200-20200 and grade pay of Rs. 2000/ -.

(iii) Issue a Writ, Order or direction in the nature of mandamus commanding the respondents to regularize the services of the petitioner on class III post in pay scale of Rs. 5200-20200 and grade pay of Rs. 2000/ -.

(iv) Pass any other writ, order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

(v) Award the cost of the writ petition to the Petitioners.”

Mr. Shubhang Dobhal, Advocate has relied upon a judgment, rendered by the Hon’ble Supreme Court in “Sabha Shanker Dube vs. Divisional Forest Officer and Others”, (2019) 12 SCC 297 and requested to decide the present writ petition with a direction to the respondent no.3 to decide the representation dated 18.06.2022 as expeditiously as possible.

Having heard, the present writ petition is disposed of directing the Executive Officer, Nagar Panchayat, Tapowan, District Tehri Garhwal, the respondent no.3, to decide the said representation dated 18.06.2022(Annexure no.4 to the writ petition) as per law and as expeditiously as possible, but not later than six weeks’ from the date of production of the certified copy of this order.

It is made clear that this Court has not expressed any opinion on the merit of the case.