KEWLA NAND JOSHI v. PRINCIPAL SECRETARY, WOMEN EMPOWERMENT & CHILD DEVELOPMENT DEPARTMENT, GOVERNMENT OF UTTARAKHAND
2016-09-16
SUDHANSHU DHULIA
body2016
DigiLaw.ai
JUDGMENT Hon’ble Sudhanshu Dhulia, J. (Oral) The petitioners are working as Driver in the Integrated Child Development Scheme, which is under the Women Empowerment & Child Development Department and funded by the Central Government. Petitioner Nos. 1, 2 & 3 are in employment as a driver since 2004, 2008 and 2005 respectively and now they claim regularization. 2. Earlier the petitioners had filed WPSS No. 1280 of 2015 before this Court, which was disposed by this Court vide order dated 14.10.2015 with the direction to the authorities to consider the representation of the petitioners in accordance with law, particularly considering the provision of Rule 8 (2) of the Regularization Rules, 2013. The claim of the petitioners has been rejected by the Director, Directorate of Integrated Child Development Scheme by order dated 18.11.2015 on grounds that post of driver has been declared as dying cadre and petitioners cannot be regularized. 3. Rule 8 (2) of the Regularization Rules, 2013 clearly stipulates that even though the post has been declared as dying cadre that shall not come in the way for regularization under the said Rules as after the date of superannuation the post, in any case will cease to exist and therefore rejecting the claim of the petitioners purely on ground that the post on which the petitioners claim regularization has been declared as dying cadre is not justified. The order dated 18.11.2015 is bad to that extent. 4. There is another difficulty for the petitioners as has been pointed out by the learned State counsel that the petitioners are not working on regular substantive vacancy but they are working under a project, which is funded by the Central Government. 5. On this, the reply of the petitioners would be that though it is so, but it applies to all drivers working under the project, however, many of those who are working under the project as driver are getting regular pay scale. 6. In view of the above, the writ petition stands disposed with the direction that since the petitioners are working under a project, their claim of regularization cannot be sustained at the moment, however, the services of the petitioners shall not dispensed with till the project continues, unless there is any shortcoming attached to the petitioners.
6. In view of the above, the writ petition stands disposed with the direction that since the petitioners are working under a project, their claim of regularization cannot be sustained at the moment, however, the services of the petitioners shall not dispensed with till the project continues, unless there is any shortcoming attached to the petitioners. Moreover, since other employees are working under the project are getting regular pay scale, the petitioners shall also be given minimum of pay scale as being given in the Government Department till the post is dissolved.