WPSS/332/2019
2024 Latest Caselaw 2624 UK

Uttarakhand High Court

WPSS/332/2019 on 13 November, 2024

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

             Office Notes,
SL.   Date      reports,
No.            orders or              COURT'S OR JUDGE'S ORDERS
             proceedings
             or directions
                  and
              Registrar's
              order with
              Signatures
                             WPSS No. 341 of 2019
                             With
                             WPSS No. 332 of 2019

                             Hon'ble Rakesh Thapliyal, J.

1. Mr. Anil Kumar Joshi, learned counsel for the petitioner.

2. Mr. P.S. Bisht, learned Addl. C.S.C. for the State.

3. Pursuant to the previous order Chief Education Officer, Nainital is present in Court.

4. The case of the petitioners are that since 1997, regular pay scale with all consequential benefits at par with the regular employee were given to the petitioners pursuant to the order passed by the Allahabad High Court.

5. It is submitted by the learned counsel for the petitioners that petitioners were serving against the substantive post since 1997 and being paid regular salary with all consequential benefits, therefore, they have legitimate right to get regularization on the posts which they were occupying since 1997. It is further submitted that the claim of the petitioners were rejected merely on the ground that in earlier round of litigation these petitioners were permitted to continue till the regular selections are made, though, thereafter no regular selection took place and petitioners were permitted to continue regularly without break.

6. Though, the judgment was passed by the Allahabad High Court in the year 1997 and thereafter State of Uttarakhand was created in the year 2000, and almost 24 years have gone, therefore, the respondent cannot take plea of the judgment passed by the Allahabad High Court in the year 1997.

7. It is further informed to this Court that all the petitioners have been retired from service. Now the only issue which is required to be considered is that whether the petitioners can be deprived from post retiral benefits merely on the ground that they have not been regularized and further their claim for regularization can be rejected merely on the ground that they were permitted to continue till the regular selections are made.

8. The Chief Education Officer, Nainital is present in Court. He is directed to reconsider the claim of the petitioners for their regularization as well as for post retiral benefits keeping in mind that each of the petitioners were being paid regular pay scale with all benefits at par with regular employee.

9. The Chief Education Officer shall take decision within a period of 1 month from today and place before this Court by way of an affidavit.

10. List this case on 18.12.2024.

(Rakesh Thapliyal, J.) 13.11.2024 Parul