SANJAY KUMAR Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) The petitioners before this Court are working as "Safai Karamchari" on contractual basis for the last more than ten years. They seek their regularization. Further contention of the petitioners before this Court is that Nagar Palika, Jaspur, where the regularization has to be made, in violation of the seniority of these contractual employees are making regularization of such employees who are much junior to the petitioners.

(2.) The Nagar Palika, Jaspur in its reply would argue that the petitioners though are working on contractual basis as "Safai Karamchari" with the Nagar Palika, but they are appointed as per the Government Order dated 08.07.2003 which provides that these Safai Karamchari would work under the supervision of Mohalla Samiti.

(3.) Even assuming for the sake of argument that the petitioners are the ones, who are working under the supervision of Mohalla Samiti in compliance of Government Order dated 08.07.2003, yet it is an undisputed fact that all the petitioners are primarily performing the function of Nagar Palika and are being given the wages by the Nagar Palika.