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2016 DIGILAW 616 (UTT)

Ghanshyam Paliwal v. Registrar, Kumaun University, Nainital

2016-09-22

SUDHANSHU DHULIA

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JUDGMENT : Sudhanshu Dhulia, J. Since the issue raised in both these writ petitions is similar, therefore, both these writ petitions are being heard together and are being decided by this common judgment. For the sake of convenience, however, the facts of WPSS No. 1945 of 2015 are being taken into consideration for disposal of these matters with the consent of the parties. 2. The petitioner is an employee of the Kumaon University, Nainital. He was working on daily rated basis since 2001 and his services were regularised by an order dated 03.07.2014 passed by the Registrar, Kumaon University. 3. The regularisation order categorically states that the Committee was constituted for regularisation of the employees of the University and on the basis of the recommendation of the Committee dated 31.03.2012 certain employees were regularised, but due to certain mistake of the University officials, the name of the petitioner could not be sent for regularisation and this anomaly is now being corrected. The order further says that the petitioner along with one Mohan Singh Bisht (petitioner in WPSS No. 1946 of 2015) have not been regularised w.e.f. 31.03.2012 as other employees. Therefore, the services of the petitioners are regularised with effect from 31.03.2012 on notional basis. There was another part of the order which says that the financial benefits to these employees should only be given from the date when they effectively take charge. 4. This part of the order seems to be unfair and improper for the reason that the University has already admitted that the petitioner was liable to be regularised w.e.f. 31.03.2012 coupled with the fact that it was done not due to any mistake on the part of the petitioner but on the part of the University officials. 5. Consequently, in this case, there is no question for denying the petitioner all consequential benefits accrued to him since 31.03.2012 i.e., the date when the services of all similarly situated employees were regularised in pursuance of Government Order dated 1412 XXX(2)/2011-03 (01)/2006 dated 21.11.2011. 6. In view thereof, the writ petitions succeed and are hence allowed. The respondent authority is hereby directed to give all the consequential benefits to the petitioners as are being given to other similarly situated employees to that of the petitioners from 31.03.2012, including financial benefits. 7. Let a copy of this judgment and order be placed in the connected writ petition.