IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 3311 of 2001 Dharam Singh …….Petitioner. Versus State of U.P. and others ……Respondents. Mr. P.P. Phartiyal, Advocate holding brief of Mr. T.A. Khan, Advocate for the petitioner. Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J. Heard learned counsel for the petitioner as well as learned Standing Counsel for the State of Uttarakhand at length and perused the writ petition and the counter affidavit. The petitioner has filed the present Writ Petition primarily with the prayer that the services of the petitioner be regularised in the Irrigation Department of the State. Admittedly, the petitioner right since his appointment as Master Operator in “Jamrani Bandh Nirman Mandal” is working as a daily rated worker. He has never been inducted into the regular establishment nor his services have been regularised under any statutory provision. The primary claim for the petitioner for regularisation of his services cannot be granted by this Court in view of the seminal decision of the Constitution Bench of the Supreme Court in State of Karnataka & others V. Uma Devi (2006) 4 SCC 1. The other prayer of the petitioner for fixation of salary treating him to be a regular employee also depends upon the first prayer and since the first prayer made in the Writ Petition cannot be granted to the petitioner, the other prayer of the petitioner also cannot be granted. In view of the aforesaid, this Court finds no merit in the present Writ Petition and the same is liable to be dismissed and is hereby dismissed. No order as to costs. (Sudhanshu Dhulia, J.) 19.7.2010 Avneet