Uttarakhand High Court
WPSS/1650/2018 on 15 December, 2021
Office Notes, reports,
orders or proceedings
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Signatures
WPSS No.1650 of 2018
Hon'ble Sharad Kumar Sharma, J.
Mr. Hari Mohan Bhatia, Advocate for the
petitioners.
Mr. P.C. Bisht, Addl. C.S.C. for the State of
Uttarakhand.
In a subsequent writ petition being Writ
Petition No.805 of 2020, whereby the claim was
raised by the PRD Jawans who are appointed under
the Home Guards Act, 1963 and U.P. Rakshak Dal
Act, 1948. They have claimed for their rotational
opportunity to serve the respondents in accordance
with the parameters laid down by the Government
Order referred in the judgment of 03.12.2021.
The grievance of the petitioners therein was
that the engagement of the PRD Jawans was
contrary to the principles of rotational opportunity
of appointment, provided by the aforesaid
Government Orders and hence, the writ petition
therein, at that stage, which was listed for
consideration was disposed of directing the
respondents to ensure the compliance of roster for
the purposes of appointment of PRD Jawans on a
tenure basis engagement, as per the provisions of
the Act, and the Government Orders issued from
time to time.
On the said initiation of the proceedings of
writ petition, the same was disposed of with a
direction to respondent no.2 to consider the claim of
the petitioners therein, for appointment on the basis
of the roster as per the Act and Government Orders
referred therein and the decision was expected to be
taken by the respondents within six weeks from the
date of the production of certified copy of this
judgment.
The petitioner to the present writ petition had
prayed for the following reliefs:-
"1. The Hon'ble Court may issue a writ of
certiorari and quash the Letter dated
27.04.2018 issued by Respondent No.1
(Annexure No.3) and also quash the letter
dated 28.05.2018 issued by Respondent No.4
(annexure no.4) to the writ petition and
cancel the new enrolment as PRD Members.
2. Issue writ order or direction in nature of
mandamus commanding the respondents to
comply the Roster System in strict manner in
assignment of Duty to the PRD Members in
different office of State Government as
contemplated by the Respondent on
22.12.2005 (Annexure No.1)
3. Issue a writ order or direction in nature
of mandamus commanding the respondents
to comply the Rule 11 and Rule 12 of United
Provinces Rakshak Dal Rules (adopted by
State of Uttarakhand) as mentioned in Para
19 of the writ petition in all manners and
grant the casual leave and leave on medical
certificate on same terms and conditions as a
member of Police of the same Rank and
status and also consider for grant of pay,
travelling allowance, provident fund, etc. as
other temporary servants of the Provincial
Government of corresponding rank and
status.
4. Issue a writ of mandamus with direction
to the respondents to Pay the minimum of
Salary as other regular employees working
with the respondent are getting in view of the
judgment of the Hon'ble Supreme Court in
the case of State of Punjab vs. Jagjit Singh
reported in AIR 2016 SC 5176 and/or pass
any other or further order which this Hon'ble
Court may deem fit in the circumstances of
the case.
5. Award the cost of petition.
So far as relief no.1 is concerned when this
writ petition was argued at initial stage, the relief
no.1 was rejected by an order of 20.06.2018 but
however for the rest of the relief i.e. relief nos.2, 3
& 4 are concerned where the petitioners have
sought parity of salary in the light of the principles
laid down in the judgment reported in State of
Punjab & others vs. Jagjit Singh, for that limited
purpose, the respondents were granted time to file
counter affidavit.
Subsequent thereto on account of further
developments, the counsel for the petitioners
submitted that he was not very sure that as to
whether under the rotational exercise of
appointment, provided under the Government Order
whether the petitioners are still continued to be
engaged with the respondents or not.
In that eventuality, since the basic principles
of enforcing the Government Order of rotational
engagement of PRD Jawans, has been directed to be
considered by the respondents in the light of the
judgment of 03.12.2021 rendered in Writ Petition
(S/S) No.805 of 2020, this writ petition too would
stand disposed of under the same terms and
conditions of the judgment of 03.12.2021 and it will
be the respondents prerogative to consider the claim
of the petitioners for being engaged on a rotational
basis strictly in accordance with the Act, Rules and
the Government Orders, issued with regards thereto
from time to time.
Subject to the above observations, the writ
petition stands disposed of.
(Sharad Kumar Sharma, J.)
15.12.2021
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