Laxman Singh Bisht vs State of Uttarakhand and Others

Sudhanshu Dhulia, J.—Heard Mr. Siddharth Bisht, Advocate for the Petitioner and Mr. N. P. Sah, Standing Counsel for the State of Uttarakhand.

The Petitioner works as daily wager with District Co-operative Bank District Almora. The Petitioner had earlier filed a writ petition being Writ Petition No. (SS) 56 of 2009 Lalit Prasad Arya v. State of Uttarakhand and Ors. This petition was filed by a number of Petitioners (present Petitioner being one of the Petitioners in the said writ petition).

The said writ petition was for regularization. Since the Petitioner was working as a Class IV employee on daily rate basis in District Co-operative Bank, District Almora, he had filed this writ petition primarily for regularization of his services. Consequently, the writ petition was dismissed as withdrawn on 7.4.2011. The exact order passed in the said writ petition are as follows:

Heard Mr. M. C. Kandpal, Senior Advocate, assisted by Mr. S.S. Chaudhary, Advocate for the Petitioners, Mr. N. P. Sah, Standing Counsel for the State of Uttarakhand and Mr. C. S. Rawat, Advocate for Respondent No. 3.

The Petitioners have moved an application (CLMA No. 2600 of 2011) for withdrawing the writ petition.

The Withdrawal Application (CLMA No. 2600 of 2011) is allowed.

Accordingly, the writ petition is dismissed as withdrawn.

No order as to costs.

Now the Petitioner has filed another writ petition praying that though the Bank is taking employment from the Petitioner through a society though with certain conditions. It is the condition, which has been imposed upon the Petitioner, for granting this employment that the Petitioner is challenging by means of present writ petition. Learned Counsel appearing for the Co-operative Bank, District Almora Sri V. B. S. Negi stated before this Court that the Bank is not imposing any condition upon the Petitioner. As such, the writ petition has presently no cause of action.

For the reasons stated above and in view of the statement made by Sri V. B. S. Negi appearing for the Co-operative Bank, presently there is no occasion for any interference by this Court. The writ petition is liable to be dismissed and is hereby dismissed.

The writ petition is therefore dismissed. No order as to costs.