DARPAN SINGH BAFILA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The brief facts of the case are that the petitioner, who admittedly, has got his qualification upto 3rd standard, having passed the same from Government Primary School, Jabulkathal, Berinag, is said to have filed an application for being appointed as an Assistant (Sahyogi), for which, the petitioner contends that since he was Class-III, and that he was holding the requisite qualifications to be appointed as Assistant (Sahyogi), apart from the above qualifications, he claims that he was having the knowledge of reading and writing Hindi.

(2.) As per the pleadings of the Writ Petition, the petitioner was initially appointed by respondent No. 4, on 8th December, 2008, as Sahyogi and an appointment letter was issued in his favour, being letter No. 1175/Stha0/2008-09 dated 8th December, 2008. As would be apparent from the terms of the letter of appointment that the petitioner was appointed, as a daily wager, on a wages of Rs.100/- per day, it was by way of an arrangement and all the labour laws, as applicable to the said class of recruits, were made applicable.

(3.) Subsequently, with the passage of time, the daily wage, which was being initially paid to the petitioner at the rate of Rs. 100/- per day was increased to Rs. 300/- per day. On 18th June, 2016, the respondent No. 3, directed the office of respondent No. 4, to send the certificate of all the daily wagers, who were working including the petitioner, to the Head Office, for its verification and in pursuance to the said official correspondence No. 331/Stha0/Daniki Karmachari/2016-17 dated 18th June, 2016, the petitioner submitted an application to the Block Education Officer, Berinag, submitting thereof that since he had passed only 3rd standard, from the Government Primary School, he may be provided with an opportunity to furnish the school leaving certificate. On the said application, the Block Education Officer, Berinag on 11th July, 2016, directed to the Headmaster of the Government Primary School, to issue a transfer certificate in favour of the petitioner, as demanded by him.