PETER LUIS AND OTHERS Vs. STATE OF UTTARANCHAL,THROUGH THE SECRETARY,MEDICAL HEALTH AND FAMILY WELFARE,DEHRADUN & OTHERS

JUDGEMENT

(1.) THIS Writ Petition has been moved under Article 226 of Constitution of India for mandamus directing the respondents to regularize the services of petitioners as Class IV employees.

(2.) BRIEF facts of the case are that the petitioners were enrolled with the District Employment Office, Nainital and they were called for interview through said office to appear before the Selection Committee for job on the daily wage. They were appointed after selection on different dates between 06.10.1981 and 14.07.1989 by issuing appointment letters to them which are annexed as Anenxure-2 to the Writ Pe­tition. The petitioners are continuously working in the Rajya. Rakshalaya Sansthan, Patwadangar, District Nainital (for brevity the Institute) which is under the control of Director, Medi­cal, Health and Family Welfare of the State Government. Additional Director of the Institute who heads it, made sev­eral recommendations to the Director, Medical and Health Services for regulari­zation of petitioners as Class IV em­ployees between the year 1992 and 1996. In response to said letter the State Government vide its letter dated 08.05.1998 sought detailed information regarding vacancies etc. On 01.12.1998, 26.02.2000 and again on 06.05.2000 Additional Director of the Institute (respondent No.4) requested for regularization of the petitioners against the vacant Class IV posts. In the Writ Petition it is further alleged that in view of the Government Order dated 17.07.1991 and 26.09.1991, the peti­tioners are entitled to be regularized against the vacant Class IV posts as they were appointed prior to 29.06.1991. Out of the 10, Five peti­tioners Employee Provident Fund contribution is being deducted from their wages. In the circumstances, the writ petition was filed and in compliance of the interim order of this court a repre­sentation was made by the petitioners, the same was rejected on 25.06.2003. The petitioners have challenged the said order also (Copy Annexure 15-A) by making necessary amendments in the writ petition.

(3.) I heard learned counsel for the parties and perused the affidavits and papers on record.