IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Interim Relief Application No.5456 of 2010 In Writ Petition No.527 of 2010 (S/S) Shyam Sharma and others. ….Petitioners Vs State of Uttarakhand and others. …..Respondent Mr. Dinesh Chauhan, Advocate for the petitioner. Mr. Subhash Upadhyay, Brief Holder for the State-respondents. Hon’ble B.S. Verma , J. Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has sought following reliefs:- (i) Issue a writ, order or direction in the nature of mandamus directing the respondents to regularize the services of petitioner on vacant post of Class IV employee according to the compromise dated 06-11-2000 (Annexure No.2 to this writ petition). (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to provide all consequential benefit of service to the petitioners as being provided to the regular employees. 2 (iii) Issue any other or further writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case. (iv) To award the cost of the petition in favour of the petitioner. Learned counsel for the petitioner has contended that the petitioners are appointed in accordance with Rules. In the case of “ Secretary, State of Karnataka and others VS. Umadevi (3) and others”[(2006) 4 Supreme Court Cases, page 1,] the Constitution Bench of the Apex Court has held that the cases of irregular not illegal appointments of duly qualified persons on duly sanctioned vacant posts, who had continued to work for ten years or more may have to be considered for regularization on merit. In view of the above case law, no persons can be employed de-horce the Rules. In view laid down in the Apex Court Judgment, the writ petition is dismissed. All pending applications stand disposed of accordingly. (B.S.Verma,J) 15-07-2010 MK