NANDI KHANNA Vs. STATE OF UTTARANCHAL AND OTHERS

JUDGEMENT

(1.) THE peti­tioner Smt. Nandi Khanna has filed writ petition No. 3431/2001 seeking mandamus to command respondent to regularise the services of the petitioner as Junior Clerk in the Forest Department of State of Uttaranchal on the ground that the petitioner was, working from 1988 on Daily Wager against Class-III post and thereafter she was appointed on Adhoc basis w.e.f. 22nd June, 1992 as Clerk and she was working continuously as such therefore, she was entitled for regularisa­tion under the Regularisation of Adhoc Appointment Rules (out of Public Service Commission Rules 1979) as amended upto-date, as the petitioner is fully eligible to be regularised under the aforesaid Rules after latest amendment. This Court, while entertaining the writ petition passed an interim order that the petitioner is continu­ing in service, her services shall to be ter­minated except in accordance with law and she shall be paid salary month to month. And a counter affidavit was called for. During the pendency of the aforesaid writ petition, the petitioner was reverted as Daily Wages. Therefore, the petitioner filed the second writ petition bearing No. 4544/2001 Nandi Khanna v. State . of Uttaranchal in which this Court passed or­der that pursuant to the impugned order of reversion, reverting the petitioner from Adhoc Clerk to the Daily Wager shall re­main stayed. Thereafter, the petitioner was allowed to continue and is working on. Adhoc basis as Junior Clerk.

(2.) THE counter affidavit has been filed in which it has been stated that the peti­tioner shall be regularised along with other Daily Wagers according to Rule know as Regularisation of Daily Wagers of Class ­III post 1998.

(3.) HOWEVER , the petitioner's services shall not be terminated unless she is found unsuitable for being retained and regular­ised for Class-III posts.