SHYAM LAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioners have sought writ in the nature of mandamus, commanding the respondents to grant the service benefits to the petitioners in regular service w.e.f. 06.08.1999, in pursuance to order dated 31.03.2009, passed in compliance with decision of Division Bench of this Court, in judgment and order dated 09.01.2009 (in Special Appeal No. 01 of 2005) along with connected matters).

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

(3.) Brief facts of the case are that, the petitioners are Beldars on muster roll with Public Works Department, working as work charge employees. In view of their five years continuous service on 31.03.1997, vide Government Order No. 6396 dated 15.10.1997, their services were absorbed in the regular establishment. However, the order of regularization was later cancelled vide order dated 20.04.2000. Said order of cancellation was challenged by other similarly situated employees by filing Writ Petition No. 1867 (S/S) of 2003. Said writ petition was disposed of vide order dated 17th of September 2003, whereby the order of cancellation of regularization was quashed. The respondents filed special appeal before the Division Bench of this Court, which was disposed of vide order dated 09.01.2009, whereby, though the appeal was allowed, but the appellants were directed to consider the case of the respondents / writ petitioners for their regularization in view of the vacancies occurred after cancellation of the regularization. 3