Decided on December 13,2012

Mahendra Singh Bisht And Ors. Appellant
State of Uttarakhand And Ors. Respondents


Kalyan Jyoti Sengupta, J. - (1.) BY this writ petition, the petitioners have challenged the order dated 13th November, 2003 passed by the respondent No. 3, General Manager Uttarakhand, Jal Sansthan, Nainital by which services of the petitioners have been regularized to the post of Pump Attendant. The impugned order was passed on 13th November, 2003, and after this order was passed, the petitioners each of them were working in the post of Pump Attendant which is indisputably a Group -D post. The writ petition has been filed on 8th July, 2007. Therefore, apparently, it was filed after more than three years. The fact of the case is as follows: -
(2.) ALL the petitioners were appointed by direct recruitment to the post of Pump Operator in the Construction Division of U.P. Jal Sansthan, Almora. Thereafter, in the year 1991, certain schemes of the Jal Sansthan were transferred to Kumaon Jal Sansthan, and consequently, the services of the petitioners were transferred to the newly formed body known as Kumaon Jal Sansthan. At the time of transfer in the said body, each of the petitioners was working as Pump Operator viz same status. Thereafter, in the year 2002, Kumaon Jal Sansthan and Garhwal Jal Sansthan were merged into one body by creating Uttaranchal Jal Sansthan. After creation of Uttaranchal Jal Sansthan, and even after the transfer of the petitioners to Kumaon Jal Sansthan, each of the petitioners has been working as Pump Operator. It is also stated the petitioners, each of them, having the requisite qualification to work in the post of Pump Operator as on date they were initially appointed on the daily wages post as each of them was holding certificate of ITI. The grievance of the petitioners is that under the provision of regularization, the petitioners opted for having been regularized in the post of Pump Operator under relevant legal provision instead they were regularized in the post of Pump Attendant which is inferior post. This has been done whimsically and illegally with sole motive of arbitrariness.
(3.) LEARNED counsel for the respondents contends that the writ petition should be dismissed in limine as the petitioners are estopped from challenging the said impugned order, and it has been filed long after three years, and that too after accepting the impugned order which he says, the petitioners each of them are not qualified as such they were not engaged in any substantive post at any point of time and they were daily rated workers. Under no circumstance, they should be absorbed in the said post.;

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