BHUWAN CHANDRA CHIMWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THESE Appeals being connected, we are disposing of the same by this common judgment.

(2.) APPELLANTS are the writ petitioners. They were given ad hoc appointment against, according to them, substantive vacancies in the posts of Junior Engineer between 1986 to 1995. The appellants were three years' Diploma Holders in Civil Engineering from Government Polytechnic. According to the appellants, initially, they were appointed in Zila Panchayats under the U.P. Zila Panchayat Service Rules, 1970 (hereinafter referred to as the 1970 Rules). Later, they came to be appointed under Rule 33A of the U.P. Zila Parishads (Central Transferable Cadre) Rules, 1966 in the year 1995. There is no dispute that the appellants were regularized by the respondents under the U.P. Zila Parishad Regularisation of Ad hoc Appointments (on Posts within the Purview of the Public Service Commission) Rules, 1979 as amended in the year 2011. The appellants were ultimately regularized as aforesaid. They, thereafter, submitted representation for regularization from the date of their initial appointment against substantive vacancies as, according to them, they were serving since long and getting all the benefits, discharging all the duties of the regular Junior Engineer. It is, thereafter, that they have approached this Court seeking the following reliefs:

(3.) LEARNED Single Judge dismissed the writ petition. The learned Single Judge, in fact, noted the argument of the appellants that they were entitled to be regularized earlier in terms of the 2002 Rules and rejected it on the ground that the appellants being members of the Zila Parishads, the Rules, which are relevant for their purpose, are the 1979 Rules as amended in the year 2011. The learned Single Judge has traced the history of the amendments. It is found that the Uttarakhand Government Servants Regularisation Rules, 2002, which were relied on by the appellants, were never adopted for regularization of employees working in the Zila Panchayats and it was the 1979 Rules, which were applicable and it is only after the amendment of the aforesaid Rules in 2011 that the appellants became entitled to regularization under the relevant Rules. Learned Single Judge took the view that adoption of Regularisation Rules is a policy matter and a Court cannot ordinarily interfere with the policy matter of the Government. This is by way of answering the case of the appellants that the Government should be directed to adopt the 2002 Regularisation Rules, which were meant for the State employees working in different Government Departments. The learned Single Judge also reasoned that originally as per the 1979 Regularisation Rules, such employees of Zila Panchayats, who were appointed on or before 1.1.1997 and who are continuing for more than three years, having requisite qualification for the post, were to be regularly regularized on the recommendation of the Selection Committee. In fact, as per the Rules, before making direct recruitment, the employees working on ad hoc basis were to be regularized. In 1992, an amendment was carried out to the 1979 Rules, by which the cut off date was altered and the benefit of regularization was made available to persons, who were appointed on or before 1.10.1986. The appellants not being eligible even under the same were not obviously granted regularization. Then again, an amendment on 08.11.2011 was carried out, wherein, the cut off date was fixed as 30.06.1998. This amendment took place in the year 2011. As the appellants were appointed prior to 1995 and having completed three years continuous service and also having the qualification, the regularization was made. It is noted that Rule 7(1) of the 1979 Regularisation Rules, under which the appellants were regularized, deals with the seniority only from the date of regular appointment (regularization after selection) and they will be placed below the persons in accordance with the relevant Rules. It is feeling aggrieved by the said common judgment that the appellants are before us.