Uttarakhand High Court
CLCON/676/2019 on 31 August, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 31st DAY OF AUGUST, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Contempt Petition No.676 of 2019
BETWEEN:
Kushal Pal Singh .....Petitioner
(Mr. M.C. Kandpal, Senior Advocate)
AND:
Anand Vardhan, Principal Secretary & Ors.
.....Respondents
(Mr. V.K. Kaparuwan, Advocate for respondent no.2)
JUDGMENT
According to the petitioner, he was
engaged on daily wages in erstwhile U.P. Forest
Corporation in the year 1985. Subsequently, in the
year 1995, petitioner was retrenched from service
and pursuant to the award rendered by Labour
Court, which was affirmed upto the Hon'ble
Supreme Court, petitioner was reinstated in service
in the year 2007 and thereafter he is serving
continuously as Scalar in Uttarakhand Forest
Development Corporation.
2. Petitioner had filed Writ Petition (M/S)
2176 of 2016 claiming regularization of his services.
Vide judgment and order dated 05.04.2017, said
writ petition was disposed of along with other
connected petitions with the direction to the
respondents to consider case of the petitioner for
regularization, in case, persons junior to the
petitioners have been regularized. His claim for
regularization was to be considered within ten
weeks. It was further provided in the said order
that petitioner shall also be paid minimum salary
which is being paid to his counterparts.
3. For enforcement of the said order,
petitioner had filed Civil Contempt Petition No.538
of 2019, which was disposed of in view of
statement made by Mr. V.K. Kaparuwan, learned
counsel appearing for the respondents, that if
petitioner submits a representation to the Managing
Director asserting therein that a person junior to
him has been regularized in service, then
petitioner's case shall also be considered. Based on
the said statement made by Mr. V.K. Kaparuwan,
Advocate, contempt petition was disposed of with
liberty to the petitioner to make representation
within a week and the Managing Director of
Uttarakhand Forest Division Corporation was
directed to take decision in the matter within three
weeks thereafter.
4. Today, Mr. V.K. Kaparwan, learned counsel
appearing for respondent no.2, has produced in
Court a letter dated 18.12.2019 issued by Managing
Director, Uttarakhand Forest Division Corporation to
the Principal Secretary, Forest and Environment,
Uttarakhand. Copy of the said letter has been
produced in Court by Mr. Kaparuwan, Advocate,
which is taken on record.
5. Perusal of aforesaid letter indicates that
based on petitioner's representation, Managing
Director of the Corporation had sought approval of
the State Government for creation of 26
supernumerary post for adjusting 26 retrenched
Scalers. Shri Kaparuwan has apprised the Court
that the matter is now pending before the Principal
Secretary, Government of Uttarakhand. Shri
Kandpal, learned Senior Counsel appearing for the
appellant although admits that the Managing
Director of the Corporation has sought approval of
the State Government for creation of 26
supernumerary post of Scalar and the matter is
pending before the State Government; however, he
submits that since three persons, junior to the
petitioner, have already been regularized,
therefore, petitioner has a right, even in the
absence of creation of supernumerary post.
6. Be that as it may, the fact of the matter is
that the State Government is yet to take decision
on the proposal submitted by the Managing Director
of the Corporation. Therefore, with the consent of
the learned counsel for the parties, writ petition is
disposed of with a direction to the Principal
Secretary, Forest Department, Government of
Uttarakhand to consider the proposal submitted by
Managing Director of the Corporation vide letter
dated 18.12.2019 and take appropriate decision in
accordance with law, as early as possible, but not
later than six weeks from the date of production of
certified copy of this order.
(MANOJ KUMAR TIWARI, J.)
Rajni
