GOPAL SINGH RAWAT; ROOP SINGH; SHER SINGH & OTHERS; TEEKA PRASAD; RATAN SINGH & OTHERS; PRATAP SINGH & OTHERS; SHYAM SINGH MEHRA; MANGAL SINGH & OTHERS; RAJENDRA SINGH & OTHERS; SHIVRAJ SINGH & OTHERS; BHOPAL SINGH & OTHERS; DYAL SINGH & OTHERS; VACHASPAT Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) The petitioners before this Court are part-time Chaukidar working in the Uttarakhand Jal Sansthan. Some of the petitioners are working as far back since 1985 and some of them are working since 2000-2001 onwards, but in each case, they have served more than 10 to 15 years in the Department. The petitioners claim regularization of their services as Chaukidar.

(2.) Their claim is being opposed by the learned counsel for the Uttarakhand Jal Sansthan Mr. Rakesh Thapliyal on the grounds, firstly, the petitioners were never given regular appointment of Chaukidar in the Department, secondly, they are not working against any post, and thirdly, there is no post of part-time Chaukidar in the Department. Moreover, nothing has been shown by the petitioners in the present or the past structure of Uttarakhand Jal Sansthan about the post of parttime Chaukidar. As far as the salary of the petitioners is concerned, admittedly, the petitioners are not on a regular salary, but they are being given remuneration, though initially when they started as part-time Chaukidar, they were getting Rs. 100/- per month, which have been increased from time to time, and presently they are getting Rs. 1,500/- to Rs. 2,000/- per month.

(3.) It is again an admitted case of the petitioners that their services are not transferable and they are working in the same village where they are reside. Uttarakhand Jal Sansthan has to operate water tank or other source of water for the purpose of drinking water. According to the learned counsel for the respondent the only work assigned to the petitioners (since they are the local persons of the village), is to open the tap in the morning and to close the same in the evening, and apart from that they were also assigned some minor duties at times. Being a resident of same village where such scheme is in operation, they were best suited persons, for which they are getting the remuneration.