Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL. Writ Petition (S/S) No.4287/2001. Km.Chandra Bora ……… Petitioner Versus State of Uttaranchal through Secretary, Department of Irrigation, Uttaranchal Shasan, Dehradun and others. ……… Respondents ……………………… (1) Sri Manoj Tiwari, learned counsel for the petitioner. (2) Sri H.M.Raturi, learned Standing Counsel for the State of Uttarakhand /respondent Nos. 1 to 3. (3) Smt.Beena Pandey, learned Standing Counsel for the State of U.P./respondent No.4. Date: April 29, 2008. Hon’ble P.C.Verma, J. By means of this petition, the petitioner has challenged the orders dated 16.08.2001 and 18.08.2001 passed by respondents, by which the petitioner’s joining on the post of Junior Clerk has been cancelled. 2. The petitioner’s case in brief is that she was appointed on daily wages as Junior Clerk by the Assistant Engineer, Minor Irrigation, Nainital/respondent No.3 on 05.07.1985. The petitioner was continuously serving in the office of respondent No.3. In the year 1998 the State Government framed the rules known as Uttar Pradesh Regularisation of Daily Wages Appointment on Group ‘C’ posts (Outside the Purview of the Uttar Pradesh 2 Public Service Commission) Rules, 1998 for the purpose to regularize the services of employees on group ‘C’ posts who were directly appointed on daily wage basis before 29.06.1991 and is continuing in service provided the employee possesses requisite qualifications prescribed for the said post. It is also alleged by the petitioner that in view of the provisions of the aforesaid rules, a selection committee was constituted by the Chief Engineer, Minor Irrigation Department, U.P. and pursuant to the recommendations of the said selection committee, she was given regular appointment on the post of Junior Clerk in the pay scale of Rs. 3050-4590 on 26.09.2000 by respondent No.4/Chief Engineer, Minor Irrigation Department, U.P., Lucknow. In pursuance of the said order the petitioner joined her duties on the post of Junior Clerk in the office of respondent No.3 on 01.12.2000 and since then she is continuously serving on the said post. The petitioner has also been paid salary in the pay scale of Rs. 3050-4590. Thereafter on 18.08.2001 the respondent No.3 has issued order cancelling the joining of the petitioner on the post of Junior Clerk pursuant to the direction issued by the respondent No.1 on 16.08.2001.The petitioner was not given any opportunity of hearing before passing the impugned order. The petitioner also alleged that the only reason assigned for cancellation of her appointment was that the respondent No.4 has informed that the order of appointment dated 26.09.2000 has not been issued from his office and the Government of Uttaranchal has directed to cancel the joining of the petitioner. It is also alleged that the petitioner has a right for regular appointment in the department after putting in 3 sufficiently long period of service by virtue of the regularization rules framed by the State Government in the year 1998. 3. The contention of the respondents is that the petitioner was engaged on daily wages in the department at the local level by respondent No.3 subject to the availability of additional work, without any sanction from the Government. They further contended that the respondent Nos. 1, 2 & 3 have no knowledge or information of the selection committee said to have been constituted by the Chief Engineer, Minor Irrigation, U.P. 4. I have heard the learned counsel for the parties and perused the record. 5. It has been admitted by the respondents that the petitioner was engaged on daily wage basis as Junior Clerk in the department subject to the availability of additional work w.e.f. 05.07.1985. In support of her contention the petitioner also filed certificates issued by Assistant Engineer, Minor Irrigation Nainital about her work and conduct in the department. It reveals from the certificates, contained in Annexure No.1 to the writ petition that the petitioner has worked in the department from July 1985 to July 2000 on daily wage basis as Junior Clerk. There is also no dispute about her qualification for the post of junior clerk. It is clear that the petitioner’s case is fully covered for regularization under the Rules known as the Uttar Pradesh Regularisation of Daily Wages Appointment on Group ‘C’ Posts (Outside the Purview of the Uttar Pradesh 4 Public Service Commission) Rules, 1998. Rule 4 (1) of the said Rules reads as under:- “4. Regularisation of daily wages appointments on Group ‘C’ Posts.- (1) Any person who- (i) was directly appointed on daily wage basis on Group ‘C’ posts in the government service before June 29, 1991 and is continuing in service as such on the date of commencement of these rules; and (ii) requisite qualifications prescribed for regular appointment for that post at the time of such appointment under the relevant service rules on daily wage basis, shall be considered for regular appointment on group ‘C’ post in permanent or temporary vacancy as may be available on the date of commencement of these rules, on the basis of his record and suitability before any regular appointment is made in such vacancy in accordance with the relevant service Rules or orders.” 6. Since the petitioner was continuously serving as Junior Clerk till the notification of the rules, she was entitled for regularization. The impugned order cancelling her joining on being regularization has been passed without considering the very object of the aforesaid regularization rules. The impugned order is illegal and cannot be sustained in the eye of law. 7. The petition is allowed. The impugned order is quashed. No order as to costs. (P.C.Verma,J.) 29.04.2008 P.singh