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Judgment
Hon’ble Pankaj Purohit, J. (Oral)
Miscellaneous Application (IA/8734/2025) is disposed of. Rejoinder-affidavit filed by petitioner No.1 is accepted on record.
Miscellaneous Application (IA/8735/2025) is disposed of. Supplementary Counter-affidavits filed by respondent Nos. 1 and 2 is accepted on record.
By means of the present writ petition, petitioners have sought the writ of mandamus directing the respondents to pay the minimum of pay scale of the Class IV employee to them regularly as applicable to regularly appointed class IV employees.
It needs to be mentioned at this stage that petitioner No.2-Janak Singh Aswal lost interest in the writ petition and accordingly this writ petition is dismissed qua petitioner No.2. Now the Court adverts to the writ petition qua petitioner No.1-Krishna only.
Facts, in a nutshell, are that petitioner No.1 was engaged by respondents as a daily wage peon in Tehsil Office Mori, District Uttarkashi in the year 2008. The petitioner has been working continuously since then.
It is apt to mention at this stage itself that earlier, the petitioners had filed writ petition (S/S) No.552 of 2016, “Krishna and Another versus District Magistrate, Uttarkashi and Others”, seeking regularization, which was disposed of by the Coordinate Bench of this Court vide order dated 02.05.2017, whereby the respondents were directed to permit the petitioners to discharge their duties without any artificial/fictional break.
It is contended by learned counsel for the petitioner that during the pendency of the present writ petition, Tehsildar Mori has sent his recommendation on 09.01.2025 to the District Magistrate, Uttarkashi through Sub Divisional Magistrate, Purola (annexed as Annexure No. RA-2 to the rejoinder affidavit filed by petitioner) for regularizing the petitioner as a Peon against the vacant post in view of a long standing services rendered by him.
Learned counsel for the petitioner submits that since the said recommendation is pending before with the District Magistrate, Uttarkashi, ends of justice would be met if the said authority is directed to take a decision qua regularization of services of petitioner considering the recommendation sent by the Tehsildar dated 09.01.2025.
Although, there is no prayer for regularization made in the present writ petition and the petition is limited only to the extent of seeking minimum of pay scale of class IV employee to be paid to the petitioner, yet in view of the subsequent development i.e. the matter of regularization of the petitioner has been taken up by the respondent-authority, which is still under consideration, the relief can be moulded by this Court by directing the District Magistrate, Uttarkashi to take a decision on the regularization of petitioner No.1.
Learned State Counsel has no objection if such a direction is issued to the respondent No.1-District Magistrate, Uttarkashi to take a decision on the recommendation sent by the Tehsildar Mori, dated 09.01.2025 for regularization of the petitioner.
In such view of the matter, present writ petition is disposed of finally. It is provided that the respondent No.1-District Magistrate, Uttarkashi shall take decision on the recommendation sent by the Tehsildar Mori, dated 09.01.2025 (Annexure No. RA-2 of the rejoinder affidavit) for regularization of services of the petitioner within a period of two months from the date of production of certified copy of the order. The petitioner is directed to supply the certified copy of the order to respondent No.1 at the earliest possible.
Pending application, if any, stands disposed of.