Panwan Kumar vs State of Uttarakhand & others

ALOK SINGH, J.

Petitioner was engaged as Driver on 29.09.1998. On 31.12.2008, Government issued an order regularizing the service of Drivers working on

contract basis fulfilling all the eligibility criteria. Petitioner’s grievance is that juniors to the petitioner have been regularized but petitioner’s

services have not been regularized on the ground that his height is less than the prescribed one. Feeling aggrieved, petitioner has approached this

Court.

Heard Mr. Amar Shukla, Advocate for the petitioner, Mr. V.D. Bisen, Brief Holder for the State of Uttarakhand and Mr. Ashish Joshi, Advocate

for respondents no. 2 to 4.

Respondent Corporation relying on Uttarakhand Transport Corporation Employee (Other Than Officers) Service Regulations, 2015 declined to

regularize the service of petitioner.

Mr.Amar Shukla, Advocate for petitioner submits that as per 2015 Regulations, two heights are prescribed, one for person belonging to plain area

and another for person belonging to hill area. For plain area incumbent prescribed height is 5 feet 5 inch and for hill area incumbent prescribed height

is 5 feet 2 inch. Height of the petitioner is 5 feet 2 inch whereas Respondent Corporation has regularized the service of one Mr. Harendra Surender

Singh having height of 5 feet 4 inch on the ground that he belongs to hill cadre. He further submits that two different criteria one for plain area and

another for hill area is discriminatory and in violation of Article 14 of the Constitution of India. He further submits that these Regulations are applicable

to the fresh direct recruits, therefore, persons working for the last 20 years cannot fulfil the criteria laid down for direct recruits, therefore, Corporation

must have granted some concession.

Petitioner is driving the Bus with unblemished record since 1998. Petitioner is still working as Driver. Petitioner has passed about 20 years, driving

the Bus. Petitioner has given his golden days in the service of corporation. Though petitioner has not challenged this part of Regulation but I am of the

view that there is no rationale or cogent reason behind prescribing two heights. Yes, respondent can prescribe minimum height for selection of

Drivers. If a person belonging to hill area having height of 5 feet 2 inch can drive a bus then a person having same height belonging to plain area can

also drive the bus.

Respondent Corporation cannot strictly apply Regulations while regularizing the service of a petitioner rendering 20 years of service. Respondent

Corporation must have given some concession to petitioner. Petitioner is a driver. He has to ply Bus. Respondent Corporation while considering the

case of the petitioner must have borne in mind that petitioner has rendered 20 years of service and is still working with the respondent Corporation.

Accordingly, writ petition is allowed. Respondent Corporation is directed to regularize the service of the petitioner by giving relaxation in height, if

he is otherwise eligible. This judgment is passed in the peculiar facts and circumstances of this case. This judgment shall not be treated as precedent.