SUMAN TYAGI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Munish Bhardwaj, learned counsel appearing on behalf of the petitioner and Mr. C.S. Rawat, learned Additional Chief Standing Counsel appearing on behalf of the State Government and, with their consent, the Writ Petition is disposed of at the stage of admission.

(2.) The petitioner has invoked the jurisdiction of this Court seeking a writ of mandamus directing the respondents to grant her post retiral benefits by treating the service of her husband as having been regularized with effect from the date when the services of other similarly situated ad-hoc Ayurvedic Medical Officers were regularized by the respondents.

(3.) The husband of the petitioner was selected as a Medical Officer on an ad-hoc basis in the Ayurvedic and Unani Service Cadre, and he assumed charge as Medical Officer (Ayurvedic), in the Government Allopathic Hospital Bodikhal, District Pauri Garhwal, on 10/3/1992. While the husband of the petitioner was posted as a Medical Officer at the Government Allopathic Hospital Chailusian, District Pauri Garhwal, he died in a road accident on 26/5/2002. The Uttarakhand Regularization of Ad-hoc Appointments (on posts within the purview of the Public Service Commission) Rules, 2002 (for short "2002 Rules) were made in the year 2002. Rule 4 of the 2002 Rules stipulated that any person, who is directly appointed on ad-hoc basis before 30/6/1998, was eligible to be considered for regularization under the 2002 Rules. It is the petitioner's case that several other ad-hoc Ayurvedic Medical Officers who were appointed prior to 30/6/1998, along with her husband, were regularized; the Director of the Ayurvedic Evam Unani Service, Uttarakhand, by his order dtd. 5/6/2009, had recommended the case of the husband of the petitioner for regularization; despite such a recommendation, no action was taken; the petitioner again submitted a representation on 23/12/2010 pointing out several cases where other employees were regularized by order dtd. 17/1/2006; and thereafter she invoked the jurisdiction of this Court by filing Writ Petition (S/B) No. 313 of 2013 which was dismissed by a Division Bench of this Court by its order dtd. 2/1/2014.