HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 2259 (S/S)2001 (Old no. 14815 of 1999) Bachnu S/o Sri Jeet Mal, R/o village Chada Post & Tehsil Purola, District Uttarkashi. ---- Petitioner. Vs. 1. State of U. P through its Secretary, Public Works Department Govt. of U.P., 2. The Chief Engineer Public Works Deptt., Uttarkashi, 3. The Superintendent Engineer, 13, Circle Public Works Deptt. Uttarkashi, 4. The Executive Engineer Construction Division Public Works Deptt. Uttarakashi. ---- Respondents None for the petitioner, Ld. Standing Counsel for the respondents. Hon’ble M.M. Ghildiyal, J. None is present for the petitioner. Heard learned Standing Counsel for the respondents. 2. The petitioner has filed this writ petition for the following reliefs:- i. Issue a writ, order or direction in the nature of mandamus commanding the respondents to regularise the service of the petitioner with effect from the date of his initial appointment on the post held by him in the Public Works Department. ii. Issue a writ, order or direction in the nature of mandamus commanding the respondents to pay arrears of difference of pay to the petitioner from the date of his initial appointment on the post held by him in the Public Works Department. iii. Issue any other suitable writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case; and iv. Award the costs of the present writ petition to the petitioner. 3. The State Govt. has filed counter affidavit. In para-3b to 3f of the counter affidavit it has been stated that the petitioner was appointed on Daily Wage basis and continued for a period till he was appointed under the work-charge establishment in accordance with para-667, 668 & 669 of Chapter 6 of the Financial Hand Book. The State Govt. on 15.10.1997 issued a G. O. in pursuance of which the persons who were employed in work charge establishment will be regularised on the basis of their seniority list subject to rejection of unfit. The seniority list of the work charge employees is to be prepared circle wise and whenever the posts are vacant, the employees under work charge establishment shall be considered for their regularisation in pursuance of the aforesaid G.O. 4. Keeping in view the aforesaid averments made in the counter affidavit, the writ petition is disposed of directing the respondents to prepare a seniority list of the employees of the work charge establishment working in the circle within a period of three months from the date of production of a certified copy of this order. The respondents shall initiate proceedings for regularisation of the employees of work charge establishment in pursuance of the G.O. dated 15.10.1997, strictly in accordance with the seniority. 5. With these directions, the writ petition is disposed of finally. No order as to costs. (M.M. Ghildiyal, J.) April 4,2006: NCM: