HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 147 of 2005 (SS) 1. Budhi Ram s/o Sri Hira Lal Village Badeel, P.O. Madan Negi District Tehri Grhwal 2. Kirti Dutt s/o Tara t Village Jalwal Gaon, P.O. Madan Negi District Tehri Garhwal 3. Mangleshwar Prasad s/o Sri Mahanand Village Kuranima Gaon, P.O. Dharkot District Tehri Garhwal 4. Dhan Pal Singh s/o Surat Singh Rawat F-Block, 22/10 New Tehri, District Tehri Garhwal 5. Ajit Singh Rawat s/o Sri Suresh Singh Rawat Village F-Block 22/12 New Tehri District Tehri Garhwal …………… Petitioners Versus 1. State of Uttaranchal 2. Chief Engineer Level-1, P.W.D. Dehradun 3. Chief Engineer, Garhwal Region, Pauri Garhwal 4. Superintendent Engineer, 27th Circle P.W.D. New Tehri 5. Executive Engineer, Nodal Khand Prantiya Khand, P.W.D. New Tehri (Baurari) ………… Respondents Sri N.S. Pundir, Advocate for the petitioners Standing Counsel for the respondents. Dated: March 8, 2006 Hon’ble Rajesh Tandon, J. Heard Sri N.S. Pundir, counsel for the petitioners and Standing Counsel for the respondents. By the present writ petition, the petitioners have prayed for a writ of mandamus directing the respondents to regularise the service of the petitioners. Briefly stated the petitioner was initially appointed as Beldar on daily wages in the Public Works Department in the year 1989. The petitioners have submitted that from time to time the persons working on daily wages employees were regularised by the department but the petitioners have not been considered. Consequent to the Government Order dated 3.1.2003 Chief Engineer Level-I Uttaranchal, P.W.D. Dehradun has issued a letter to all the Executive Engineers/ Nodel Officers on 25.1.2003, directing them to regularise all daily wagers working prior to 29.6.1991. The petitioners have submitted that they preferred a joint representation on 28.3.2003 to the respondents but the respondents have not paid any heed to the request of the petitioners. The respondents have filed counter affidavit and have submitted that the petitioners were working in the department since 1994 and they are not entitled to be regularized as per Government order dated 3.1.2003. The respondents have further asserted that the seniority list issued by the respondents in the year 1996, the names of the petitioners were wrongly shown to be working before 1990. However, the respondents have further submitted that enquiry in this connection was entrusted to the Executive Engineer, Temporary Division, Ghansali who submitted his enquiry report on 28.5.2003 and mentioned that the petitioners were engaged in the department after the year 1990. The relevant assertion of the respondents in the counter affidavit is quoted below: “On receiving the complaint from the petitioners, the Superintending Engineer, 27th Circle PWD, New Tehri, the respondent No. 4 vide its letter No. 730/2 Ka. Pr./27/2002 dated 26.2.2003 had appointed the Executive Engineer, Temporary Division, Ghansali, who vide its letter no. 520/6E dated 28.5.2003 had submitted his enquiry report and find that the petitioners were engaged in the department as daily wager, after the year 1990.” The petitioners have filed rejoinder affidavit and filed copy of the seniority list of daily wagers issued by the department. The relevant extract of the seniority list is quoted below: Name Post Date of Birth Date of appointment Presently working at Mangleshwar Prasad Beldar 1.8.1969 26.1.1989 Prantiya Khand, PWD, NewTehri Budhi Ram Beldar 1.9.1970 26.7.1989 -do- Kriti Dutt Beldar 1.9.1970 Aug. 1989 -do- Dhan Pal Singh Beldar 1.9.1970 21.12.89 -do- Ajit Singh Beldar 1.10.1971 21.12.1989 -do- Thus the seniority list published by the respondents themselves shows that the petitioners were working since 1989 in daily wages, and thus they are entitled to be regularized under the relevant rules and Government orders. The Government of Uttaranchal vide G.O. dated 3.1.2003 directed the Chief Engineer, P.W.D. to regularise all work charge employees and in their place to adjust all daily wager employees. The relevant extract of the G.O. is quoted below: dk;Z izHkkfjr vf/k"Bku ds lEcU/k esa fofHkUu Lrjksa ls izkIr izR;kosnuksa ,oa ekWxks dks n`f"Vxr j[krs gq, bl lEcU/k esas 'kklu Lrj ij iqu% fopkj fd;k x;k vkSj 'kklu Lrj ij lE;d fopkjksijkUr iwoZ esa fuxZr 'kklukns’k la[;k 7553@yks0fu- &2@2001&606 ihMCyw Mh@2001 fnukad 10-12-2001 ,oa 'kklukns’k la[;k 8214@yks- fu- 2@2001&606 ih0MCY;w Mh@2001 fnukad 209-12-2001 dks rRdkfyd izHkko ls fujLr djrs gq, dk;Z izHkkfjr dfeZ;ksa ds fofu;ferhdj.k rFkk mu dfeZ;ksa }kjk fjDr fd;s x;s inksa ij nSfud osru Hkksxh dfeZ;ksa dks lek;ksftr fd;s tkus ds lEcU/k esa fuEufyf[kr ekxZ n’kZd fl}kUr fu/kkZfjr fd;s tkrs gSaA 1- mRrjkWpy jkT; esa yksd fuekZ.k foHkkx esa dk;Zjr dk;Z izHkkfjr odZpktZ dfeZ;ksa dks fu;fer inksa fo:} fofu;ferhdj.k gsrq yksd fuekZ.k foHkkx mRrjkWpy esa fnukad 29-6-91 vFkkZr odZpktZ ij fu;qfDr ij izfrcU/k gsrq tkjh dkfeZd foHkkx mRrj izns’k 'kklu ds 'kklukns’k la0 1009@dk- 1@1991 fnukad 29-6-91 ls iwoZ fu;qDr ,sls dk;Z izHkkfjr dehZ tks vHkh rd fujUrj dk;Z dj jgs gSa dks foHkkx esa miYkC/k fjDr inksa d slkis{k ¼LFkkbZ vFkok vLFkkbZ½ fuEufyf[kr izfrcU/kksa ds v/khu fofu;fer djus dh lg"kZ Lohd`fr iznku djrs gSA 9- dk;Z izHkkfjr vf/k"Bku esa ,sls dehZ tks fofu;ferhdj.k ds QyLo:i fu;fer gks pqds gSa ds }kjk fjDr fd;s x;s in ij ofj"Brk ds vk/kkj ij 29-6-91 ls iwoZ fu;qfDr ,oa fujUrj larks"ktud dk;Z djus okys nSfud osru Hkksxh dk;Zjr dfeZ;ksa dks lek;ksftr fd;k tk;sxkA nSfud osru Hkksxh dfeZ;ksa dsk ofj"Brk lwph mlh vk/kkj ij fu/kkZfjr dh tk;sxh tSls fd dk;ZizHkkfjr dfeZ;ksa dh ofj"Brk lwph fu/kkZfjr djus gsrq mijksDrkuqlkj O;oLFkk nh xbZ gSA Thus it is incumbent upon the respondents to comply the order of the Government as well as the Chief Engineer Level-I, Uttaranchal and to regularise the service of the petitioner against the vacant posts in the Division concerned. In view of the above, a writ of mandamus is issued directing the respondents to pass appropriate orders on the representation of the petitioners dated 28.3.2003 for regularising the service of the petitioner within a month after obtaining the certified copy of this order. Accordingly, writ petition is allowed. No order as to costs. Dated: 8.3.2006 Rajesh Tandon, J. *Dhyani