UMRAO SINGH RAWAT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioners were engaged as Seasonal Amin with the respondent Department between 1989 and 1993. Having worked for some years, petitioners approached Honourable Allahabad High Court for their regularization. Honourable Allahabad High Court vide judgment dated 16.07.1997 allowed the writ petition and directed the respondents to give same salary, allowance and other benefits and facilities as admissible to other regular Collection Amins and State Government was further directed to take decision of the recommendation of the District Magistrate, Nainital for creation of posts expeditiously and till then the service of the petitioners shall be continued without any artificial break in service. Respondents complied with the order but filed Special Appeal against the judgment dated 16.07.1997. Special Appeal filed by the State was dismissed vide order dated 16.08.2002. In compliance of the judgment passed by the Honourable Allahabad High Court, State of Uttarakhand created 192 posts of Collection Amins and petitioners were merged against those posts. Vide order dated 16.12.2011, services of the petitioners were regularized with effect from 09.11.2000. Respondents also denied the benefit of ACP to the petitioners from the back date. Feeling aggrieved, petitioners have approached this Court.

(2.) Learned counsel for the petitioners submits that services of the petitioners were already regularized with effect from 1997 and 1998, therefore, there was no occasion for the respondents to regularize the services of the petitioners again with effect from 09.11.2000. In support of this contention, he has placed reliance on Annexure Nos. 4 and 5 to the writ petition.

(3.) Mr. Subhash Upadhyay, learned counsel for the petitioners submits that in the similar circumstances, respondents have granted benefit of ACP to Collection Peon treating their year of regularization as 1997. In support of his contention he has placed reliance on Annexure No. 1 to the supplementary affidavit. He has also placed reliance on the judgment passed by Honourable Supreme Court in the case of Habib Khan Vs. State of Uttarakhand and others, reported in 2018 (1) SCT 283 SC whereby service rendered on work-charge basis was counted for the purposes of granting pensionary and other retirel benefits. He has further placed reliance on the judgment rendered by Division Bench of this Court in Special Appeal No. 494 of 2017 (State of Uttarakhand Vs. Bhram Pal Singh) and other connected special appeals decided on 26.04.2018.