WPSS/660/2021
2021 Latest Caselaw 1907 UK

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                                     WPSS No.660 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

(Via video conferencing).

Mr. Shubhang Dobhal, Advocate, for the petitioner.

Mr. N.S. Pundir, Deputy Advocate General, for the State of Uttarakhand.

Ms. Seema Sah, Advocate, for the respondent nos. 3 and 4.

In the present writ petition, the petitioner has come up with a case that he is working as Class III employee i.e. the Driver. The relief sought by the petitioner, in the writ petition is that ever since his initial appointment on daily wages basis i.e. on 01.04.2014, his appointment as a Driver was made against the vacant, sanction post. His submission in the writ petition is that since he has already completed 10 years of satisfactory service with the respondents, he would be entitled for consideration of his claim for regularization, as well as for the payment and grant of minimum of pay scale, as admissible to a Class III employee, in the light of the judgment of the Hon'ble Apex Court, reported in 2017 (1) SCC, page 145, "State of Punjab Vs. Jagjeet Singh, and as that reported in 2019 (12) SCC, page 297, "Sabha Shankar Dubey Vs. Divisional Forest Officers and others."

Raising his claim, the petitioner had initially filed a representation on 19.06.2017, but the same has not been considered, and no orders or decision have been passed on the same by the respondent no.4, who happens to be appointing authority of the petitioner.

After having considered the pleadings, which had been, raised in the writ petition, and particularly, the ratio of the Hon'ble Apex Court, on which the petitioner has relied, he is granted a liberty to file a fresh representation, before Respondent No.4, raising his claim before the respondents, which shall be considered by the respondent no.4, and appropriate orders may be passed by the respondent no.4, on the same within a period of six weeks from today, as per law.

Subject to the above, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 17.06.2021

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