IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. (SS) 701 of 2001 Sri Hira Lal and others …Petitioners Versus State of Uttarakhand and others …Respondents Mr. Kishore Kumar, learned counsel present for the petitioners. Mr. H.M. Raturi, learned standing counsel present for the respondents. Sudhanshu Dhulia, J. (Oral) 1. Heard Mr. Kishore Kumar, learned counsel for the petitioners and Mr. H.M. Raturi, learned standing counsel for the respondents. 2. This writ petition was filed in the year 2001 by the petitioners. The petitioners are the daily rated employee in the Irrigation Department. They prayed for regularization in service. Such prayer cannot be granted to them in view of the law laid down by the Hon’ble Apex Court in State of Karnataka & others V. Uma devi (2006) 4 SCC 1. 3. However, in the same decision in paragraph 53 of Uma Devi’s case, an exception has been carved out for only those cases where such candidates have been working for a considerable period i.e. 10 years or more without the strength of any interim order of any court. In such cases, their regularization may be considered in case as a one time scheme by the State Government. 4. On the contrary, the State Government has categorically stated that none of the petitioners is working since 1992 in the Irrigation Department and they are not at all the employees of Irrigation Department. They are working on contract basis only. 2 5. This writ petition is therefore disposed of with a direction that in case the petitioners have been working on daily rated basis, their regularization shall be considered by the Irrigation Department in view of paragraph 53 of Uma Devi’s case (Supra). In case the State Government has already constituted a committee and the petitioners fall within the parameter laid down by the committee, their case shall also be considered for regularization, as expeditiously as possible. 5. The writ petition is disposed of accordingly. 6. No order as to costs. (Sudhanshu Dhulia, J.) Dated: 04.11.2011 VKG