Chandra Singh Garia vs State of U.P. and Others

Rajesh Tandon, J.—Heard learned Counsel for both the parties.

By the present writ petition, the petitioner has prayed for a writ of mandamus directing the respondents to allow the petitioner to retain his post of Senior Investigator and remain in the service under the respondents. The respondents be restrained from terminating the services of the petitioner in any manner. The petitioner''s services may be regularized on the available, clear and substantive vacancies of Senior Investigator in the light of recommendations of respondent No. 2. Further the petitioner has prayed for a writ of mandamus commanding the respondents to pay the petitioner''s pay scale of Rs. 1600-2660 w.e.f. 03.07.1990 meant for the post of Senior Investigator. The Government order sanctioning the posts indicate this pay scales for the four posts of Senior Investigator of Hill Development Department. The respondent further be directed to pay the petitioner''s salary for the month of August, Sept. and to pay his monthly salary regularly.

Briefly stated the petitioner was appointed on Class III post under the respondents on 20.09.1989 where he entered the services of Uttaranchal/Hill Development Department of U.P. Government on 20.09.1989. After working for a short period in the above said capacity, the petitioner was formally appointed as Senior Investigator in the Regional Office of the Hill Development Department, Kumaon Region at Almora on 03.07.1990. It was a substantive appointment against a clear, permanent vacancy of Senior Investigator in the pay-scale of Rs. 1600-2660, under the respondents. The petitioner continued as Senior Investigator. Government order dated 08.04.1992 demonstrates that there were ten posts available in this department to appoint the petitioner on regular basis.

Learned Counsel for the petitioner has submitted that vide Government Order dated 17.12.1988, Government of U.P. had granted sanction for establishment of two regional offices of Hill Development Department, out of which one was to be established at Almora and the another at Srinagar to look after the developmental activities in the two Divisions. It may further be stated that as many as 52 posts in different categories were also sanctioned vide government order dated 17.12.1988 for two Regional Offices, out of which 8 were of Senior Investigator. It was provided in the said Government Order that the two regional office shall work directly under the control of Hill Development Department of the State Government. Necessary budgetary allocation was also made by means of the said Government Order.

The posts including that of Senior Investigator created by the State Government vide G.O. dated 17.12.1988 were initially sanctioned upto 28.2.1989, as per the usual practice in the State Government. The sanction for the said post, however, was extended from year to year by the State Government and it was lastly extended by the Government of U.P. vide office memo dated 04.10.2000 and thereafter sanction for the post was extended by the Government of Uttaranchal. It is significant to point out here that the petitioner is still getting salary against the post of Senior Investigator created vide G.O. dated 17.12.1988.

It is further submitted that no service rules were framed by the State of U.P. in respect of the employees serving in the aforesaid two Regional Offices controlled by Hill Development Deptt. And thus service conditions of the employees serving therein, were regulated by executive instructions. Even after creation of State of Uttaranchal, no service rules have been framed for the post of Senior Investigator on which the petitioner is serving, however, it is made clear that the petitioner possesses all eligibility conditions for regular appointment on the post of Senior Investigator (now redesignated as Research Assistant in the new structure of State Planning Commission/Planning Directorate vide G.O. dated 10.10.2002) as specified in the executive instructions issued by the State Government. It may be stated that at the time of his appointment against the post of Senior Investigator, the petitioner possessed Master''s Degree in Economic along with experience of more than three years in tabulation and compilation of date which is a requisite qualification for regular appointment on the said post.

It is submitted that the petitioner''s appointment was further extended vide order dated 31st August, 1991 as Senior Investigator. By G.O. dated 26.11.1991 further directions were made to pay the petitioner Rs. 1700/- per month considering his satisfactory services. The appointment order continued without any break.

Petitioner represented to the Government that he may be given regular appointment against the clear vacancy of Senior Investigator or some other equivalent suitable post.

The Head of the Department/Joint Secretary, Uttaranchal/Hill Development Department Government of U.P., Almora again recommended vide letter dated 25.09.1991 for regularizing the services of the petitioner as Senior Investigator.

On 10th August, 1992 Sri R.C. Pathak, the Deputy Secretary, Hill Development Department also sent recommendation to the Government for regularization of the petitioner''s services. The letter from the Head of the Department of Regional Office, Almora demonstrates that the work, conduct and performance of the petitioner was excellent.

Learned Counsel for the petitioner has submitted that his superior officers assessed the petitioner as an excellent worker. It is evident from a D.O. dated 27.04.1993 issued by Sri Madan Singh Vishesh Karya Adhikari, Hill Development Department, Government of U.P., Almora, to the Government. A number of letters were issued recommending the case of the petitioner for further retention in the department.

Learned Counsel for the petitioner has submitted that the petitioner is paid only Rs. 1700/- per month as consolidated salary without any allowance although he is discharging same duties as a regular Research Assistant. The present pay-scale for the post of Research Assistant is Rs. 5500-9000 and thus a regular incumbent on the post is getting about Rs. 10,000/- per month.

It has been submitted that despite the representations of the petitioner and recommendations sent by his superior officer to the Government, the services of the petitioner have not been regularized and he is still being given Rs. 40/- per day as daily wages, while he is discharging all the duties, functions and responsibilities of the post of Senior Investigator.

In view of the above, respondents are directed to consider the petitioner to continue on the post of Junior Investigator and also consider for representation in accordance with rules concerning Group-C Post.

Subsequently, writ petition is allowed.