Shiv Lal vs State Of Uttarakhand And Others

Pankaj Purohit, J

The present writ petition has been filed by the petitioner seeking the indulgence of this Court for a direction to the respondents to regularize his service on Group ‘D’ post from the date his juniors have been regularized.

It is contended by learned counsel for the petitioner that the petitioner has been engaged by the respondent department as Seasonal daily wager employee (Class-IV employee) in September, 1990.

It is further contended by the learned counsel for the petitioner that the case of the petitioner is matured enough for regularization in view of the judgment and order passed by the Hon’ble Apex Court in State of U.P. & Others Vs. Putti Lal & Others and under the regularization Rules framed by the State of Uttarakhand, namely, Uttaranchal Forest Department Regularization (Group D posts) of Daily Wages Appointment Rules, 2003 (hereinafter referred as ‘Regularization Rules 2003’).

It is submitted by learned counsel for the petitioner that the petitioner has submitted a representation dated 18.04.2018 for his regularization, which is annexed as Annexure No.3 to the writ petition. But, despite that, the petitioner has not been regularized so far, however, junior to him, has already been regularized.

Learned counsel for the petitioner submits that the justice would be met, if respondents be directed to consider the case of the petitioner for regularization in view of the Regularization Rules 2003 within a stipulated period.

There is no opposition from the side of the State.

Accordingly, writ petition is disposed of with a direction to Competent Authority to consider and decide the petitioner’s representation dated 18.04.2018 for regularization under Regularization Rule, 2003, within a period of three months’ from today, keeping in mind the fact that junior to the petitioner has already been regularized.

Pending application(s), if any, stands disposed of accordingly.