IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 126 of 2003 (S/S) 1. Diwakar Prasad Purohit S/o Shri Shiv Ram Purohit R/o Village Rambori, Post Nandprayag, District – Chamoli 2. Sharda Nand Nautiyal S/o Shri Krishna Nand Nautiyal R/o Village Shersi, Post Badasu, District – Rudraprayag 3. Rajendra Rana S/o Shri Shyam Lal Singh R/o Village and post Badasu District – Rudraprayag 4. Ummed Singh Baratwal S/o Shri Bachan Singh Baratwal R/o Village Shrigarh, Post Jakhmala, District – Chamoli 5. Mahadev Prasad Goswami S/o Shri Sada Nand Goswami, R/o Village and Post Gaurikund District – Rudraprayag 6. Ram Prasad Semwal S/o Shri Mahesha Nand R/o Village Byung, Post Devidhar District – Rudraprayag 7. Sarvesha Nand Uniyal S/o Shri Kula Nand Uniyal R/o Village Byung, Post Devidhar District – Rudraprayag 8. Govind Singh Rana S/o Shri Tota Singh Rana R/o Village Bedula, Post Ransi District – Rudraprayag … Petitioners Versus 1. Zila Panchayat, Rudraprayag through its Chairman 2 2. Upper Mukhya Adhikari Zila Panchayat, Rudraprayag … Respondents Sri R.P. Nautiyal, learned counsel for the petitioners. Hon’ble B.C. Kandpal, J. By way of this Writ Petition, the petitioners have sought a direction in the nature of mandamus commanding the respondents to consider the claim of the petitioners for their regular appointment in Zila Panchayat, Rudraprayag and pay the salary to them. Brief facts giving rise to this writ petition are that the petitioners were engaged as Daily wager employees in Zila Panchayat for collection of tax and license fee during the Yatra Season which starts in the month of April and comes to an end in the month of November in each year since 1987 and 1995. In the year 1998, i.e. after the creation of new District, Rudraprayag, the petitioners were engaged in Daily Wager employees by Zila Panchayat, Rudraprayag and continuously worked up to November, 2002. In the month November, 2001, the services of the petitioners were discontinued and in April, 2002 to November, 2002 again they were engaged as Daily Wager. The petitioners made representation to respondent no. 2 requesting him for their regular appointment as Daily Wager employees in Zila Panchayat but of no vain, hence this writ petition. The respondents filed the counter affidavit and have stated therein that the post of Class IVth employees are not available in Zila Panchayat, Rudraprayag and therefore, the petitioners cannot be appointed on regular basis. They have also averred in the counter affidavit that the regular vacancy is 3 not lying vacant and therefore, it is not possible for the respondents to consider the request made by the petitioners. Heard learned counsel for the parties and perused the record. It is not denied by the respondents that the petitioners had been working as Daily Wager since 1987 and 1995 continuously. It has also not been disputed after creation of new District, Rudraprayag in the year 1998, the petitioners have been working as Daily Wager employees. In view of the facts stated above in the writ petition as well as in the counter affidavit, I come to the conclusion that the service of the petitioners are not to be regularized for want of regular vacancy. I, therefore, dispose of this writ petition finally with a direction that the respondents shall regularize the service of the petitioners as and when the vacancy arises. (B.C. Kandpal, J.) 8th June, 2005 Shiv