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Judgment
Tarun Agarwala, ACJ
The petitioner filed a writ petition alleging that he has been working on a daily rated basis for several years and that he should be regularised in the services of the opposite parties. The writ Court after considering all aspect of the matter, allowed the writ petition and, issued a mandamus to the opposite parties to consider the claim of the petitioner for regularization on the post of Amin/Surveyor under the Uttaranchal Regularization of Ad-hoc appointments (On Posts Outside the Purview of the Public Service Commission), Rules, 2002 within a period of one month. The State of Uttaranchal, (now Uttarakhand), being aggrieved by the order of the learned Single Judge, has filed the present Special Appeal.
Having heard Shri Bindesh Kumar Gupta, Additional Advocate General and Shri C.D. Bahuguna, learned Counsel for the opposite party, we find that a totally frivolous appeal has been filed by the State of Uttaranchal. Instead of deciding the claim of the writ petitioner, the State Government has unnecessarily filed the appeal. The learned Additional Advocate General submitted that since the judgment of the learned Single Judge is a lengthy one, it indicates that a positive direction has been issued to the State Government to regularize the services of the writ petitioner.
The submission of the learned Additional Advocate General is patently misconceived. The learned Single Judge, after considering various judgments of the Court including that of the Supreme Court, found that a writ of mandamus could be issued directing the State Government to consider the claim for the regularization of the writ petitioner as per the Regularization Rules of 2002. The learned Single Judge has not issued any positive direction for regularization of the writ petitioner. If the petitioner is found to be covered under the Rules of 2002, consequential, orders would be required to be passed by the State Government. If the State Government finds that the writ petitioner is not eligible for regularization, the State Government will pass orders on that basis.
In view of the aforesaid, we do not find any error in the order passed by the learned Single Judge.
The Special Appeal fails and is dismissed with cost of Rs. 10,000/-is to be paid to the Registrar General of this Court within four weeks from today who will utilize it for the Legal Aid Committee.