Uttarakhand High Court
SPA/249/2021 on 9 May, 2022
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGES'S ORDERS
No
and Registrar's
order with
Signatures
SPA No.249 of 2021
Shri Sanjaya Kumar Mishra, ACJ. Shri
Ramesh Chandra Khulbe, J.
Mr. Mukesh Rawat, learned counsel
holding brief of Mr. Ajay Veer Pundir, learned
counsel for the appellant.
Mr. S.S. Chauhan, learned Deputy
Advocate General for the State.
Mr. Bhupesh Kandpal, learned counsel for
the private respondents.
In special appeal the appellant has
assailed the order passed by the learned Single
Judge on 29.07.2021 in Writ Petition No.921 of
2021(S/S) whereby the learned Single Judge
has disposed of the matter without expressing
any opinion on the merits of the matter in
terms of the judgment dated 23.06.2021
rendered in Writ Petition No.683 of 2021 with
the rider that the consideration of the claim of
the petitioners is based on the recommendation
of the Board would exclusively be in terms of
the contractual obligations as well as the law
regulating the field for the grant of
regularization to the petitioners.
Similar order was assailed by the Division
Bench in SPA Nos.292/21, 293/21 and 294/21
which were disposed of on 19.04.2022 by
certain modifications of the order passed by the
Division Bench.
Having considered the fact, we take note
of the order passed by the Division Bench
which is as follows:-
"Learned counsel for the appellant submits
that although learned Single Judge directed State
Government to take decision on writ petitioners'
representation, however, a rider was added that
decision is to be taken in the light of judgments,
which are referred in the impugned order.
Learned counsel for the appellant submits
that he is not questioning the final order passed by
learned Single Judge on merits and the only
reason for filing the appeal is that the rider may be
removed and the Competent Authority in the State
Government be directed to take decision as per
law, untrammelled by any observation made in the
order, impugned in this appeal.
Learned counsel for the writ petitioner/
respondent no. 1 submits that he has no objection
if the impugned order is modified to the extent,
prayed by learned counsel for the appellant. He
further points out that since Board of Directors of
Bridge, Ropeway, Tunnel and Other Infrastructure
Development Corporation of Uttarakhand Ltd.
(BRIDCUL) had passed a resolution in its 28th
meeting held on 21.07.2017 to grant regular scale
to such contract employees appointed by selection
who have successfully completed 2 consecutive
years with excellent remarks in A.C.R., therefore,
the Competent Authority in the State Government
may be directed to take decision independently in
the light of the said recommendation.
Without expressing any opinion on the merit
of the claim of the writ petitioners (respondents
herein), this Court thinks that ends of justice
would be met, if petitioner(s) is permitted to
approach the Competent Authority by making a
representation, which shall be decided within some
specified time frame.
In such view of the matter, the impugned
order passed by learned Single Judge is modified
and it is provided that the writ petitioner(s)
(respondent herein) shall be at liberty to make
fresh representation to the Competent Authority in
the State Government for grant of regular
scale/regularization of services. If such
representation is made, within two weeks,
Competent Authority shall independently take
decision thereupon, as per law, within eight weeks
from the date of receipt of representation with
certified copy of this order."
In that view of the matter, without
expressing any opinion on the merits of the
claim of the writ petitioners (respondents
herein), this Court dispose of the Special
Appeal with the liberty to the appellant to
approach the competent authority within two
weeks by making fresh representation to the
Competent Authority in the State Government
for grant of regular scale/regularization of
services. If such representation is made, within
two weeks, Competent Authority shall
independently take decision thereupon by
speaking and reasoned order, as per law,
within eight weeks from the date of receipt of
representation with certified copy of this order.
The Special Appeal is, disposed of,
accordingly.
(R.C. Khulbe, J.) (S.K. Mishra, ACJ.)
09.05.2022
BS/SS
