High CourtsSingle Bench(2005) 05 UK CK 0006

Rakesh Chauhan and Others vs State of U.P. and Others

Uttarakhand High Court · Decided on 5 May 2005 · Citation: (2005) 6 AWC 5774

HON’BLE JUDGES
Rajesh Tandon, J
RESULT
Allowed
CASE NUMBER
Writ Petition No. 1679 of 2003

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Judgment

17 paragraphs · 269 words

Rajesh Tandon, J.—By the present writ petition, the Petitioner has prayed for a writ of mandamus commanding the opposite parties to regularize the services of the Petitioners on the post of Clerk (Lipik) in accordance with the provisions of law. Further to pay them salary of regular pay-scale.

2.

Briefly stated, the Petitioners were initially appointed on daily wage basis in the Mussoorie Dehradun Development Authority, Dehradun, as under:

Sl. No. Petitioners Date of Initial appointment. Educational Qualification

1.

Rakesh Chauhan December, 1991 B.A.

2.

Vinod Prashad Malgudi 5.10.1990 M. Com.

3.

Arun Kumar Unniyal December, 1991 M.A.

4.

Vikram Singh Rana 9.4.1991 B.A.

5.

Harish Chandra Chaube December, 1991 Inter

6.

Surendra Pratap Singh 15.6.1989 M.A.

7.

Trilok Singh Aswal 15.6.1989 B.A.

8.

Dhan Singh Chaube 19.9.1989 Inter

9.

Mahabir Pd. Dabral 1.4.1989 M.A.

10.

Praveen Mohal Badoni 5.10.1990 B. Com.

11.

Mahabir Prashad Thapliyal December, 91 M.A.

3.

Learned Counsel for the Petitioner has submitted that although they have been directed to perform their duty on daily wage basis, but looking into the need of the work and post, there is need for sanction and creation of post in the development authority. The Petitioners have also claimed that they are entitled for the salary like regular employees and therefore, they are entitled for their regularization as well as for regular pay-scales, which have been paid to the regular employees.

4.

In view of the above, I direct the Respondents to consider the representations of the Petitioners in accordance with law after hearing both the parties within a period of two months.

5.

Accordingly, writ petition is allowed.