CLCON/376/2021
2021 Latest Caselaw 3377 UK

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. 376 OF 2021
BETWEEN:
Gokulanand Pandey                       ... Petitioner
     (By Mr. Amish Tewari, Advocate)

AND:
A.K. Yadav                              ... Opposite Party
     (By Mr. J.S. Bisht, Standing Counsel)

                      JUDGMENT

1. According to the petitioner, he is serving as a daily wager in Silk Development Department of the State Government continuously since 17.01.2001. However, his claim for regularization is not being considered.

2. Writ Court had directed, vide order dated 25.02.2021, to the Director, Silk Development Department, Dehradun to consider petitioner's case for regularization under Uttarakhand Daily Wager, Work Charge, Contract, Fixed Salary Part Time and Ad-hoc Appointee Regularization Rules, 2011.

3. According to the petitioner, Director, Silk Development Department rejected his claim without looking into documentary evidence, which petitioner had in his possession.

4. Perusal of the order passed by Director, Silk Development Department, Dehradun reveals that

petitioner's claim has been rejected on the ground that he had not served continuously.

5. Having regard to the aforesaid facts, this Court thinks that ends of justice would be met, if petitioner is permitted to make a representation to the Director, Silk Development Department, Dehradun, within two weeks, enclosing therewith the entire evidence in his possession to substantiate his claim that he served continuously since 2001.

6. Accordingly, the contempt petition is closed with liberty to the petitioner to make fresh representation, annexing therewith all the relevant documents, to the Director, Silk Development Department, Dehradun. If such representation is made within two weeks from today, the same shall be decided by the Director, in accordance with law, within a period of three months from the date of receipt of such representation. It is further made clear that before passing any order, Director shall provide personal hearing to the petitioner.

(MANOJ KUMAR TIWARI, J.) Aswal