Uttarakhand High Court
WPSS/1886/2023 on 9 October, 2023
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. 1886 of 2023
Hon'ble Pankaj Purohit, J.
Mr. Aditya Kumar, Advocate for the
petitioner.
2. Mr. P.C. Bisht, Addl. C.S.C. for the State.
3. The grievance of the petitioner is that the
petitioner filed a Writ Petition (S/S) No. 1969 of
2011 with other petitioners, which was allowed
by the coordinate bench of this Court vide order
dated 11.05.2017 and the respondents were
directed to regularize the services of the
petitioners as Forest Guard within a period of
ten weeks from the date of said judgment and
order, but, unfortunately, the petitioner, who
was petitioner no. 11 in that writ petition, could
not be regularized with the reasons best known
to the respondents.
4. Since, the petitioner is not that much
literate, he could not get the information
regarding the reasons for his non-regularization
and in that mess, even the time for filing the
contempt petition has already expired.
5. Now, the petitioner is before the Court by
filing the present writ petition, wherein, the
prayer has been made for a direction to the
respondents to regularize the service of the
petitioner on the post of Forest Guard/Group D
posts as per the relevant Regulation Rules of
2011.
6. It is the case of the petitioner that the
petitioner has been working with the respondent
department as daily wager in different capacities
as per the orders of the respondent department,
for the last more than 20 years.
7. It is the case of the petitioner that the
petitioner had been working with the respondent
department since 01.08.1994 as daily wager in
different capacities as instructed by the
respondent department for the last more than 20
years and for that reason, he alongwith other
petitioners, had moved this Court by filing the
earlier writ petition referred hereinabove. It is
submitted by learned counsel for the petitioner
that all the petitioners of that writ petition
except the petitioner, have been regularized by
the respondent department. The case of the
petitioner is similar to those persons, who have
been regularized pursuant to the order passed in
the earlier round of litigation.
8. The petitioner has moved a representation
dated 07.08.2023 to the Principal Chief
Conservator of Forest/respondent no. 2 to the
petition, but, till date, which is still pending
consideration and no decision has been taken on
the representation of the petitioner.
9. An innocuous prayer has been made by
the petitioner that if a direction is made to the
respondent no. 2 to decide the representation of
the petitioner within a stipulated time, the
purpose of the petitioner would be fulfilled.
10. To this proposition made by the petitioner,
there is no serious objection on the part of the
respondent State counsel.
11. The writ petition is, therefore, disposed
off finally and it is provided that the respondent
no. 2 shall decide the representation of the
petitioner dated 07.08.2023 (Annexure-3 to the
Writ Petition) within a period of eight weeks
from the date of receipt of certified copy of this
order by a speaking order, especially adverting
to the fact that similarly situated persons have
already been regularized pursuant to the order
passed by this Court.
(Pankaj Purohit, J.)
09.10.2023
Ujjwal
