Uttarakhand High Court
WPSS/490/2022 on 29 March, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 29TH DAY OF MARCH, 2022
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
WRIT PETITION (S/S) No. 490 of 2022
BETWEEN:
Sanjay Sharma. .......Petitioner
(By Mr. Shubhang Dobhal, Advocate)
AND:
State of Uttarakhand & others. .....Respondents
(By Mr. Rakesh Kunwar, Addl. C.S.C. with Mr. Sachin
Mohan Singh Mehta, Brief Holder for the State of
Uttarakhand/respondent no.1 and Mr. Bhuwan Bhatt,
Advocate for respondent nos. 2 & 3)
JUDGMENT
Heard learned counsel for the parties.
2. Petitioner is serving as Tax Collector in
Nagar Palika Parishad, Doiwala, District Dehradun
since 11.09.2006. Grievance of the petitioner is that
he is not being paid minimum of pay scale as per law
laid down by Hon'ble Supreme Court and further that
his claim for regularization is not being considered,
although, he has put in more than 15 years of
service.
3. By means of this writ petition, petitioner
has sought following reliefs:
"I. Issue a Writ, Order or direction in the
nature of mandamus commanding the respondents
to consider the case of the petitioner for
regularization on the post of Tax Collector.
II. Issue a Writ, Order or direction in the
nature of mandamus commanding the respondents
to consider the case of the petitioner for the
payment of minimum of pay scale Rs. (5200-
20200) with grade pay Rs. 2000 to the petitioner
as being paid to the regular employee working on
the post of Tax Collector on the principle of equal
pay for equal work.
III. Issue writ rule or direction in the
nature of mandamus commanding and directing to
the respondents not to show any displeasure
towards the petitioner for approaching Hon'ble
court by way of altering service conditions and
depriving him from legitimate and law full claim."
4. Learned counsel for the petitioner has
placed reliance upon a judgment rendered by Hon'ble
Supreme Court in the case of Sabha Shanker Dube v.
Divisional Forest Officer and others, reported in
(2019) 12 SCC 297 in support of his contention that
even a daily-rated employee is entitled for minimum
of pay scale as long as he continue in service.
5. Reliance has also been placed by learned
counsel for the petitioner on a judgment rendered by
Hon'ble Supreme Court in the case of Narendra
Kumar Tiwari & others v. State of Jharkhand, reported
in (2018) 8 SCC 238, where it has been held that
Regularisation Rules must be given a pragmatic
interpretation and persons, who have completed ten
years of service on the date of promulgation of
Regularisation Rules, ought to be given benefits of
service rendered by petitioner.
6. Mr. Bhuwan Bhatt, learned counsel
appearing for Nagar Palika Parishad submits that
petitioner has already approached the Competent
Authority in Nagar Palika Parisad, by making a
representation, on 10.01.2022. He assures the Court
that decision on petitioner's representation shall be
taken, as early as possible but, not later than four
weeks from today.
7. Having regard to the facts and
circumstances of the case, writ petition is disposed of
with direction to Executive Officer, Nagar Palika
Parishad, Doiwala, District Dehradun, to consider and
decide petitioner's representation, within four weeks
from the date of production of certified copy of this
order. Till decision on petitioner's representation, he
shall be paid minimum of pay scale, payable to a
regular Tax Collector.
(MANOJ KUMAR TIWARI, J.)
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