BALRAM SINGH S/O BHAGWAT SINGH Vs. STATE OF UTTARAKHAND; CHIEF ENGINEER, LEVEL -I, UTTARAKHAND; CHIEF ENGINEER, KUMAON KSHETRA; EXECUTIVE ENGINEER, PROVINCIAL DIVISION; EXECUTIVE ENGINEER, CONSTRUCTION DIVISION

JUDGEMENT

(1.) By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of certiorari, quashing the order dated 20th of April 2000, passed by Executive Engineer, Provincial Division, Public Works

(2.) Heard learned counsel for the parties and perused the affidavits on record.

(3.) Brief facts of the case are that, the petitioner was inducted as Beldar on daily wages in the Public Works Department, in the year 1980. In the year 1984, he was appointed in the work charge establishment. Since then, the petitioner was continuously working prior to 29.06.1991. The Chief Engineer (Headquarters), Public Works Department, Lucknow, vide letter dated 03.07.1999 has issued a circular for regularization of the work charge employees, in pursuance to which Chief Engineer, Level -II, Kumaon Region, Almora, issued necessary instructions, in compliance of which a Selection Committee was constituted, and petitioner's services were regularized w.e.f. 07.08.1999 (copy Annexure -1 to the writ petition). However, vide impugned order dated 20th of April 2000, the regularization was cancelled by respondent No. 4 on the ground that the Government Order and the vacancies were wrongly interpreted. It appears that similarly situated employees challenged the order before this Court by filing Writ Petition No. 1867 (S/S) of 2003, which was decided vide order dated 17th of September 2003, quashing the order dated 20th of April 2000, whereby regularization of the petitioner and of similarly situated persons, was cancelled. It appears that the respondents challenged the aforesaid order before Division Bench of this Court. The Division Bench of this Court vide order dated 09.01.2009 (copy Annexure -4 to the writ petition) passed in Special Appeal No. 01 of 2005; State of Uttarakhand and others Vs. Diwani Ram and others (alongwith connected matters), disposed of the appeals with the observation that after order dated 20th of April 2000, was passed, several vacancies have arisen and the writ petitioners of said cases were directed to be considered for their regularization, within a period of three months.