RAMESH CHANDRA SINGH BISHT AND ORS. Vs. STATE OF UTTARAKHAND AND ORS.
LAWS(UTN)-2013-11-28
HIGH COURT OF UTTARAKHAND
Decided on November 25,2013

Ramesh Chandra Singh Bisht And Ors. Appellant
VERSUS
State of Uttarakhand And Ors. Respondents

JUDGEMENT

Alok Singh, J. - (1.) ALL the petitioners were appointed on the post of Junior Engineers in Zila Parishad on ad hoc basis prior to year 1995. State of Uttar Pradesh while exercising its powers under Section 237(1) of Uttar Pradesh Kshetra Samitis and Zila Parishads Adhiniyam 1961 enacted Regularization Rules. 1979. As per 1979 Regularization Rules, such employees of Zila Panchayat, who were appointed on or before 01.01.1997 and were continuing for more than three years, having requisite qualification for the post, were to be regularized (regularly appointed) on the recommendation of Selection Committee. As per Rule 4 of 1979 Rules, before direct recruitment is made, employees working on ad hoc basis were to be regularized. Vide Notification dated 07.07.1992 amendment was carried out in 1979 Regularization Rules, thereby altering the cut off date to 01.10.1986 i.e. persons appointed on or before 01.10.1986 and are continuously working for three years and having requisite qualification for the post, were to be regularized. Since petitioners were not eligible under Amended Regularization Rules 1992, therefore, their cases were not considered for regularization. After bifurcation of State of U.P. and creation of State of Uttarakhand on 09.11.2000, vide notification dated 08.11.2011, again amendment was carried out in 1979 Regularization Rules, thereby making cut off date as 30.06.1998. Since all the petitioners were appointed prior to 1995 and have completed continuous three years of service and were having requisite qualification for the post of Junior Engineer, therefore, their services were regularized (regularly appointed) pursuant to the Amended Regularization Rules in the year 2011.
(2.) AS per Rule 7(1) of 1979 Regularization Rules, a person appointed under these Rules shall be entitled to seniority only from the date of order of regular appointment (Regularization) after selection, in accordance with these Rules and shall in all cases, be placed below the persons appointed in accordance with the relevant service Rules, or as the case may be, the regular prescribed procedure.
(3.) IT is important to note that State has also enacted Regularization Rules in the year 2002 for Regularization of services of State employees, however, Rules of 2002 had no application to the employees of Zila Parishad/Panchayat. Mr. Manoj Tiwari, learned Sr. Counsel for the petitioners contends that State Government enacted Regularization Rules 2011 for the employees of the State, pursuant to the judgment of Hon'ble Apex Court in the case of Secretary, State of Karnataka Vs. Uma Devi reported in : 2006 (4) SCC 1 and the said Rules, so framed for the Government employees, were also adopted for regularization of employees of Zila Panchayat and consequently, four persons namely Mohan Chandra Gadkoti, Gopal Sing Nayal, Prakash Singh and Nand Kishore, who were appointed after 1998 (after appointment of the petitioners) were regularized vide notification dated 08.07.2013, therefore, Government ought to have adopted the Uttarakhand Government Servant Regularization Rules, 2002 too and ought to have given benefit of regularization to the petitioners from back date, as was done, in the case of 4 other Junior Engineers. Petitioners were not given the benefit of State Regularization Rules, 2002, therefore, petitioners had to wait till 2011, when cut off date of Rules of 1979 applicable to the employees of Zila Panchayat was amended. Mr. Tiwari further contended that if State has adopted State Rules of 2011 for Zila Panchayat then State, while adopting State Rules of 2002 too for Zila Panchayat could have avoided discrimination.;


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