Decided on November 21,2013

Girish Chandra And Others Appellant
State of Uttarakhand and others Respondents


Alok Singh, J - (1.) The petitioners, 18 in numbers, have invoked writ jurisdiction of this Court seeking relief of Mandamus commanding the respondents to consider the case of the petitioners for regularization on the post of Junior Clerk cum Data Entry Operator, now re-designated as Junior Assistant; in alternative, to issue a writ of Mandamus commanding the respondents to sanction supernumerary posts of Computer Operator for absorption of the petitioners in concerned offices of Public Works Department.
(2.) State of Uttarakhand was created by bifurcation of State of Uttar Pradesh on 9.11.2000. Chief Engineer, Public Works Department, Camp Dehradun, issued one order dated 22.3.2001, Annexure No. 1 to the writ petition, which reads as under : Now, computers are being made available in every office of Public Works Department in the State of Uttarakhand, in some of the circles and divisions, computers have already been reached and in some of the offices, orders for supply of computers have already been issued. Therefore, to work on computer, either available staff may be got trained or alternatively meanwhile on contract basis of INR 3000 - 4000 per month, Computer Operators may be engaged for 2-3 months.
(3.) The case of the petitioners is that pursuant to the letter issued by Chief Engineer dated 22.3.2001, as referred hereinbefore, petitioners were appointed on contract on the fixed remuneration of INR 3000 - 4000 per month to act as Computer Operators; function and duties of Computer Operator include function and duties of Junior Clerk cum Data Entry Operator as well; all the petitioners are working as Computer Operators prior to 1.11.2001, therefore, services of the petitioners should be regularized as per the Regularisation Rules framed by the State of Uttarakhand and notified on 21.11.2011 pursuant to the Constitution Bench Judgment of Hon'ble Apex Court in State of Karnataka v. Uma Devi reported in (2006) 4 SCC 1.;

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