IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 60 of 2006 Nagar Palika Parishad, Tehri and another. .……… Appellants Versus Sundar Singh and others. .………. Respondents Mr. D.C.S. Rawat, Advocate for Mr. H.S. Rawal, Advocate for the appellants. Mr. Vikas Pande, Advocate for respondent nos. 4, 5 and 6. Mr. Bindesh Kumar Gupta, Advocate for respondent no. 7. JUDGMENT Coram: Hon’ble J.S. Khehar, C.J. Hon’ble Sudhanshu Dhulia, J. J.S. KHEHAR, C. J. (Oral) During the course of hearing of the present special appeal, learned counsel for the appellants invited the Court’s attention to the observations made by the Supreme Court in Secretary, State of Karnataka and others versus Umadevi (3) and others, (2006) 4 Supreme Court Cases 1, and more particularly the observations made in paragraph 53 thereof, which is being extracted hereunder:- “One aspect needs to be clarified. There may be cases where irregular appointments (not illegal appointments) as explained in S.V. Narayanappa, R.N. Nanjundappa and B.N. Nagarajan and referred to in para 15 above, of duly qualified persons in duly sanctioned vacant posts might have been made and the employees have continued to work for ten years or more but without the intervention of orders of the courts or of tribunals. The question of regularisation of the services of such employees may have to be considered on merits in the light of the principles settled by this Court in the cases above referred to and in the light of this judgment. In that context, the Union of India, the State Governments and their instrumentalities should take steps to regularize as a one-time measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of the courts or of tribunals and should further ensure that regular recruitments are undertaken to fill those vacant sanctioned posts that require to be filled up, in cases where temporary employees or daily wagers are being now employed. The process must be set in motion within six months from this date. We also clarify that regularisation, if any already made, but not sub judice, need not be reopened based on this judgment, but there should be no further bypassing of the constitutional requirement and regularising or making permanent, those not duly appointed as per the constitutional scheme.” 2. Learned counsel for the appellants has informed us that the State Government has constituted a committee to take a policy decision on the issue of regularisation of the employees working in a temporary capacity for a period of more than ten years, whether or not their appointment is against the substantive post. The fact that such a committee has been constituted is affirmed by Shri Bindesh Kumar Gupta, Additional Advocate General of the State of Uttarakhand. Based on the aforesaid, learned counsel for the appellants states, that the appellants are ready and willing to re-consider the claim of the respondents for regularisation in terms of the directions issued by the learned Single Judge. However, the said consideration would be in the light of the determination rendered by the committee constituted by the State in compliance of Umadevi’s case (supra). 3. In view of the fair statement made by the learned counsel for the appellants and keeping in mind the fact, that the respondents have been rendering service for a period of more than a decade since their induction into the employment of the Nagar Palika Parishad, Tehri, we are satisfied that till a final decision is taken by the appellants, in terms of the undertaking given to us, the respondents shall be permitted to continue in service, on the same terms and conditions as hitherto before. In that sense, the time permitted by the learned Single Judge to the appellants to take a final decision shall have to be extended, till a decision is taken by the appellants. Ordered accordingly. 4. The instant special appeal is disposed of in terms of the statement made in this Court by the learned counsel for the appellants. (Sudhanshu Dhulia, J.) (J.S. Khehar, C. J.) 18.03.2010 Rathour