Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL. Writ Petition (S/B) No.752 of 2002 Gopal Singh Gusain ………. Petitioner Versus State of Uttaranchal through Secretary, Intermediate Education, Government of Uttaranchal, Dehradun and Others. ……….. Respondents. Sri Pankaj Purohit, learned counsel for the petitioner. Sri H.M.Raturi, learned Standing Counsel for the respondent Nos. 1 to 3. Date: April 22, 2008. Hon’ble P.C.Verma,J. This petition has been filed by the petitioner seeking writ of certiorari to quash the transfer order dated 14.06.2002, contained in Annexure No.6 to the writ petition, to the extent it relates to respondent No.4 and further writ of mandamus commanding the respondents to regularize the services of the petitioner on the post of Library clerk in the pay scale of Rs.3050-4590 in Government District Library, Gopeshwar with effect from 31.07.1996. 2. The facts of the writ petition, in brief, are that initially the petitioner was appointed as peon against the substantive vacancy on 31.01.1985 in Government District Library, Chamoli at Gopeshwar. It is alleged by the petitioner that he is graduate and also passed examination conducted by Office of Registrar, 2 Departmental Examinations, U.P., Allahabad for the certificate of Library Science in the year 1998 and as such he is qualified and eligible to be appointed on the post of Library Clerk. The post of Library clerk fell vacant after the appointment of one Sri Ramakant Bainjwal on the post of Librarian and the petitioner got appointment on ad hoc basis on the said post of Library clerk on purely temporary basis on 31.07.1996. Since then the petitioner has been working on the said post without any break and he has been drawing the salary of the Clerk with increment and all other benefits. In the month of December 2001 after the transfer of Sri Ramakant Bainjwal on deputation in the Governor’s Secretariat, he handed over the charge of Librarian on 27.12.2001 to the petitioner. Despite representation to the respondent Nos. 2 & 3 the petitioner’s services have not been regularized on the post of Library clerk while he is qualified and eligible to be appointed on the said post. In the meantime on 14.06.2002 the respondent no.2 has transferred the respondent No.4 from Government Higher Secondary School Nijamola to District Library Chamoli at Gopeshwar on the said vacancy on which the petitioner is still working. The respondent No.4 is a junior clerk and he has no qualification in Library Science. The petitioner claimed that since he has been working on the post of Library clerk in District Library and it cannot be termed as stop gap arrangement. The petitioner sought quashing of the transfer of respondent No.4. 3. It is also alleged by the petitioner that due to reason of continuously working on the post of Library Clerk for the last 6 years, he has acquired a lien on the post and 3 as such he has got right to be regularized on the post of Class III as he possesses the requisite qualification. The petitioner became eligible for regularization on the post in view of the provisions of the U.P. Regularisation of Ad hoc Appointment (On Post Outside the Purview of the Public Service Commission) Rules 1979 as amended by State of Uttaranchal in 2002. In the said Rules it has been provided that the person who was appointed on or before 30.06.1998 and has been working continuously on ad hoc basis are entitled to be considered for regularization on the said post. 4. The respondent Nos. 1 to 3 stated in the counter affidavit that it was clearly mentioned in the appointment letter dated 01.07.1996 that the appointment of the petitioner is being made on temporary basis till the regular employee comes to join on the said post. It was also stated in the appointment letter that the petitioner will have no right and claim or any lien of regular appointment on the said post. The respondents further submitted that as and when the post of Class III shall be available in the department the case of the petitioner shall be considered. 5. I have heard the learned counsel for the parties and perused the record. It is not disputed that the petitioner was appointed on the post of Library clerk on 01.07.1996 as he was having requisite qualification for the said post. He worked on the said post upto 14.06.2002, on which date the respondent No.4 joined. He has been paid salary of the post of Library Clerk. 4 6. Keeping in view the facts and circumstances of the case, it is provided that in case the petitioner’s case falls for zone of consideration for regularization under the Uttaranchal Regularisation of Ad-hoc Appointments (On Posts Outside the Purview of the Public Service Commission) Rules, 2002, it shall be considered by the respondent Nos. 1 to 3 within a period of one month from the date of receipt of certified copy of this order. 7. The petition is disposed of accordingly. (P.C.Verma,J.) 22.04.2008 P.Singh