Ravindra Singh & others vs State of Uttarakhand and Others

Sharad Kumar Sharma, J.

The Coordinate Bench of this Court in its orders dated 16.04.2018 and 24.04.2018, have found certain irregularities with regards to the appointment of

the petitioner on daily wage basis and ultimately in the regularization of the services of the petitioner as well as payment of pay scale, whereby, the

Coordinate Bench has observed that the same happens to be in violation of judgment rendered in Uma Devi’s case reported in (2006) 4 SCC 1,

thus, respondent nos.3 & 4 were directed to appear in person on 16.04.2018.

The Executive Officer in compliance thereto the order dated 16.04.2018, had put in appearance in person before this Court on 24.04.2018 and made

a statement to the effect that the payment has been made by the decision of erstwhile Chairman and Executive Officer and they will make an effort

to recover the amount illegally paid to the petitioners by them. They were further directed to submit a report as to what steps they have taken in

compliance of the order dated 24.04.2018. A further time for compliance was granted on 25.05.2018, but when the matter was listed on 15.06.2018,

the counsel for the respondent nos.3 and 4 was not appeared. Hence the matter was posted today i.e. 19.06.2018, by an order dated 15.06.2018,

calling upon respondent nos.3 and 4 to appear in person.

Mr. H.S. Rawal, learned counsel for respondent nos.3 and 4, who has appeared today has submitted that in compliance of the Court’s order

dated 24.04.2018, directing to recover the amount from the erstwhile Chairman and the Executive Officer who were in the helm of affairs, at the

relevant point of time, they have been issued with the notices, which has been served upon personally on the Chairman, although the simultaneous

service has also been effected upon them through speed post but nothing yet has come forward as to whether the amount sought to be recovered has

at all been remitted by them and what further steps the present Executive Officer has taken for ensuring the recovery of the amount. Since the

affidavit of compliance dated 31.05.2018 has been placed on record regarding notices having been issued to them, the personal appearance of

respondent nos.3 and 4 was directed by an order dated 24.04.2018 would for the time being remain exempted until and unless they yet again

summoned by this Court.

However, it is made clear that the Executive Officer who is present in person would ensure to take serious steps for recovering the amount in

question lest the Court would be constrained to fix personal liability on Respondent No.3 and keep this Court reported from time to time as to what

action has been taken against them. It is expected that the orders passed by this Court for recovery of the amount which was based on the statement

of the Executive Officer and the some effective steps would be taken by the Executive Officer and would keep on submitting the report of the current

status and recover the amount thus prima facie wrongly paid to the petitioners.

List this case in the week commencing 02.07.2018.