Unknown vs U.P. Rajkiya Nirman Nigam Ltd. And ...
2024 Latest Caselaw 475 UK

Uttarakhand High Court

Unknown vs U.P. Rajkiya Nirman Nigam Ltd. And ... on 21 March, 2024

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
           HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
                             AND
             HON'BLE SRI JUSTICE RAKESH THAPLIYAL

                             21ST MARCH, 2024

             SPECIAL APPEAL No. 454 OF 2018

Dinesh Chandra Bahuguna.
                                                              ...Appellant

                                 Versus

U.P. Rajkiya Nirman Nigam Ltd. and others.
                                         ...Respondents

Counsel for the appellant.         :   Mr. C.D. Bahuguna, learned Senior
                                       Counsel assisted by Mr. Ravindra S.
                                       Rawat, learned counsel.

Counsel for the respondents.       :   Mr. Anil Kumar Joshi, learned counsel.

JUDGMENT :

(per Ms. Ritu Bahri, C.J.)

Counsel for the respondents states that, in the

year 2015, vacancies of General Category candidates

were available. Hence, the General Category

candidates, who were regularized w.e.f. 1991, could

have been also accommodated, and given the same

benefit.

2. The respondents, vide order dated 26.06.2015

(Annexure-S.A.2), have regularized some of the persons

belonging to General Category w.e.f. 05.08.1985. There

is another order - Annexure-S.A.5 dated 15.01.2016,

whereby also a General Category candidate Ravindra Bajpayee had been regularized w.e.f. 31.07.1991.

Annexure-S.A.6 is another order dated 15.01.2016,

whereby Manmohan Singh Rauthan had been regularized

w.e.f. 31.07.1991. Annexure S.A.7 to Annexure S.A.10

are all similar orders dated 15.01.2016, whereby Suresh

Chandra Joshi, Mohd. Meesam Rizvi, Abbal Singh Rawat

and Santosh Kumar have been regularized w.e.f.

31.07.1991. All these orders have been passed with

respect to General Category candidates.

3. Since learned counsel for the respondents has

stated that there were vacancies available for General

Category canidates in the year 2015, the petitioner

cannot be denied the benefit of regularization, at par

with the persons, who had been regularized w.e.f.

24.11.1998. In this backdrop, the Writ Petition of the

appellant-writ petitioner deserves to be allowed.

4. Accordingly, the order dated 17.05.2018

passed in Writ Petition (S/S) No. 1976/2014 is set aside,

and the Writ Petition is allowed. Consequently, the

present Special Appeal is also allowed.

5. A direction is being given to the respondents

to pass an appropriate order within three weeks, and

inform this Court. After giving the benefit of

regularization to the appellant-writ petitioner from 1998,

he will be given the benefit of re-fixation of pay.

6. Pending application(s), if any, also stand

disposed of accordingly.

______________ RITU BAHRI, C.J.

__________________ RAKESH THAPLIYAL, J.

Dt: 21st March, 2024 Rahul