Research › Search › Judgment

Uttarakhand High Court · body

2017 DIGILAW 106 (UTT)

Sanjay Kumar v. State of Uttarakhand

2017-02-20

SUDHANSHU DHULIA

body2017
JUDGMENT : Sudhanshu Dhulia, J. The petitioners before this Court are working as “Safai Karamchari” on contractual basis for the last more than ten years. They seek their regularization. Further contention of the petitioners before this Court is that Nagar Palika, Jaspur, where the regularization has to be made, in violation of the seniority of these contractual employees are making regularization of such employees who are much junior to the petitioners. 2. The Nagar Palika, Jaspur in its reply would argue that the petitioners though are working on contractual basis as “Safai Karamchari” with the Nagar Palika, but they are appointed as per the Government Order dated 08.07.2003 which provides that these Safai Karamchari would work under the supervision of Mohalla Samiti. 3. Even assuming for the sake of argument that the petitioners are the ones, who are working under the supervision of Mohalla Samiti in compliance of Government Order dated 08.07.2003, yet it is an undisputed fact that all the petitioners are primarily performing the function of Nagar Palika and are being given the wages by the Nagar Palika. 4. Another contention of the learned counsel for the Nagar Palika is that the Government Order by which the services of the petitioners were made, were under the Mohalla Samiti, clearly states that the petitioners will never be considered as employees of Nagar Palika. 5. Such a noting as above, in Government Order is of very little relevance because of the undisputed fact that the petitioners are performing the duties, which are statutory duties of the Nagar Palika, and moreover for the work, which is being undertaken by them they are getting wages from the Nagar Palika. 6. The claim for regularization of the petitioners only arises as other daily wagers Safai Karamchari of the concerned Nagar Palika (i.e. Jaspur) are being considered for regularization. The claim of the petitioners for regularization cannot be discarded on an artificial ground such as they were working under Mohalla Samitis, for the reasons already stated above. 7. In view of the aforesaid, the writ petitions succeed. A mandamus is hereby issued to the respondents to complete the entire exercise for regularization as expeditiously as possible, but definitely within a period of eight weeks from the date of production of a certified copy of this order. 7. In view of the aforesaid, the writ petitions succeed. A mandamus is hereby issued to the respondents to complete the entire exercise for regularization as expeditiously as possible, but definitely within a period of eight weeks from the date of production of a certified copy of this order. In case regularization is to be made, the seniority of the petitioners has to be calculated in accordance with law after considering the continuity of the services of the petitioners.