STATE OF UTTARAKHAND Vs. PANKAJ PRASAD

JUDGEMENT

(1.) Delay, in preferring the appeals, is not opposed by Mr. Amar Murti Shukla, learned counsel for the respondents-writ petitioners; and the delay is, therefore, condoned. Delay Condonation Applications are, accordingly, disposed of. Since the appeals are itself being disposed of, we see no reason to defer hearing of these appeals only to enable the learned Standing Counsel for the appellants-State to rectify the deficiencies pointed out by the Registry in some of the appeals.

(2.) These appeals are preferred against the order passed by the learned Single Judge in Writ Petition (S/S) No. 4253 of 2018 and batch dtd. 18/12/2018.

(3.) The respondents-writ petitioners are all working in different posts such as Pharmacists, Data Entry Operators, Clerks, Technicians etc. All of them had invoked the jurisdiction of this Court seeking a direction to regularize their services, and to extend them the minimum of the regular pay scales extended to persons holding regular posts, but were discharging similar duties as that of the respondents-writ petitioners. It is not in dispute that the respondents-writ petitioners were appointed on consolidated wages/contractual basis/daily wages, and not in regular posts. Their claim to be extended the minimum of the regular pay scales, applicable to regular posts, was upheld by the learned Single Judge in the order under appeal. The respondents-writ petitioners had sought the relief, of being extended the minimum of the regular pay scales, placing reliance on the judgment of the Supreme Court in State of Punjab and others Vs. Jagjit Singh and others (2017) 1 SCC 148. The learned Single Judge, however, relied on the order passed by this Court in Manwar Singh Rawat and Others Vs. State of Uttarakhand and others (Order in Writ Petition (S/S) No. 949 of 2017 and batch dtd. 12/5/2017), whereby the writ petitions were disposed of directing the appellants-State to consider the case of the petitioners therein, among others, for grant of minimum of the regular pay scales.