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2003 DIGILAW 204 (UTT)

Nandi Khanna v. State of Uttaranchal

2003-09-29

P.C.VERMA

body2003
JUDGMENT P. C. Verma, J. The petitioner Smt. Nandi Khanna has filed writ petition No. 3431/200 seeking mandamus to command respondent to regularise the services of the petitioner as Junior Clerk in the Forest Department of State of Uttaranchal on the ground that the petitioner was working from 1988 on Daily Wager against Class-III post and thereafter she was appointed on Adhoc basis w.e.f. 22nd June, 1992 as Clerk and she was working continuously as such therefore, she was entitled for regularisation under the Regularisation of Adhoc Appointment Rules (out of Public Service Commission Rules 1979) as amended upto date, as the petitioner is fully eligible to be regularised under the aforesaid Rules after latest amendment. This Court, while entertaining the writ petition passed an interim order that the petitioner is continuing in service, her services shall to be terminated except in accordance with law and she shall be paid salary month to month. And a counter affidavit was called for. During the pendency of the foresaid writ petition, the petitioner Wages reverted as Daily Wages. Therefore, the petitioner filed the second writ petition bearing No. 4544/ 2001 Nandi Khanna v. State of Uttaranchal in which this Court passed order that pursuant to the impugned order of reversion, reverting the petitioner from Adhoc Clerk to the Daily Wager shall remain stayed. Thereafter, the petitioner was allowed to continue and is working on Adhoc basis as Junior Clerk. 2. The counter affidavit has been filed in which it has been stated that the petitioner shall be regularised alongwith other Daily Wagers according to Rule know as Regularisation of Daily Wagers of Class- . III post 1998. 3. The petitioner is still being treated for the purpose of regularisation as Daily Wager. It is illegal, as the petitioner is working on Adhoc basis w.e.f. 22.6.1992 , and is being paid the pay-scale of Junior Clerk, therefore, the petitioner is eligible to be considered for regularisation under the Regularisation of Adhoc Appointments Rules (Out of Public Services Commission) Rules 1979 as amended up-to-date by State of Uttaranchal. Therefore, the respondents are directed to consider the case of the petitioner for regularisation under the aforesaid Rules within a period of one month from the date of production of a certified copy of this order. 4. Therefore, the respondents are directed to consider the case of the petitioner for regularisation under the aforesaid Rules within a period of one month from the date of production of a certified copy of this order. 4. However, the petitioner's services shall not be terminated unless she is found unsuitable for being retained and regularised for Class-III posts. 5. Accordingly, both the writ petitions are disposed of. No order as to costs.