Uttarakhand High Court
WPSS/683/2021 on 23 June, 2021
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
WPSS No.683 of 2021
Hon'ble Sharad Kumar Sharma, J.
(Via Video Conferencing)
Mr. Bhupesh Kandpal, Advocate for the
petitioner.
Mr. I.P. Kohli, Standing Counsel for the
State of Uttarakhand.
Present writ petition has been preferred by
the six Junior Engineers, who had been appointed
by the respondents on contractual basis way back in
2013-2014, and thereafter consistently their
services were extended, but they have not been
equally remunerated in the light of the provisions
contained under Article 39(1)(d) of the Constitution
of India and in fact their happens to be a disparity in
the payment of wages to them as compare to that of
a regular appointee, who are working on the post of
Junior Engineer though they are discharging the
same quantum of duties, services and responsibility.
The counsel for the petitioners submits that
on hand they have already consistently rendered an
unblemish services for last seven years but still
their claim for regular appointment, has not been
considered by the respondents, and their
regularization has not been made nor they have
been paid with the equal salary as it has been
contemplated by the judgment rendered by the
Hon'ble Apex Court as reported in AIR 1963
Supreme Court 913 State of Punjab vs. Joginder
Singh, (2017) 1 Supreme Court Cases 148 State
of Punjab and others vs. Jagjit Singh and others
as well as the judgment as reported in (2019) 12
Supreme Court Cases 297 Sabha Shankar Dube
vs. Divisional Forest Officer and others.
The petitioners are directed to file a fresh
representation before the competent appointing
authority of the petitioners, raising their claim for
the payment of minimum of pay scale, as well as
for the consideration of their claim for
regularization.
The representation thus, directed would be
submitted by the petitioners within a period of two
weeks from the date of receipt of the certified copy
of this judgment.
The respondents herein would consider and
pass an appropriate order on the representation of
the petitioners and for the payment of minimum of
pay scale, as well as the claim for their
regularization of services, within a period of two
months from the date of service of the certified
copy of this order alongwith the representation.
However, this order would carry a slight
clarification in the writ petition that the petitioners
have already put a challenge to the Government
Order No.1503/111(1)/2020-131 (Adhi) 2006 dated
08.09.2020, so far it related to the requisition,
which has been made for regular appointment on
the post of Junior Engineer, as far as the same is
concerned, that right of petitioner to challenge the
requisition would be still kept reserved for the
petitioners, to be challenged in case if they have
any grievance left as a consequence of the decision,
which is directed to be rendered on their
representation.
Subject to the aforesaid observations, the writ
petition stands disposed of.
(Sharad Kumar Sharma, J.)
23.06.2021
Arti
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