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2022 DIGILAW 417 (UTT)

Ganesh v. State of Uttarakhand

2022-12-19

ALOK KUMAR VERMA

body2022
JUDGMENT Alok Kumar Verma, J. - The present Writ Petition has been filed under Article 226 of the Constitution of India with the following relief:- Issue a writ, rule, order or direction in the nature of mandamus directing the respondents to pay minimum pay scale to the petitioners as given to similarly situated employees in the respondent no.3 department in view of the judgment passed by this Court vide its order dated 29.12.2020 in WPSS No.946/2018 'Rajesh Kushwah vs. State of Uttarakhand and Others' (contained as Annexure No.6 to the writ petition) and also consider the case of the petitioners for regularization as the petitioners are working in the respondent no.3 department against the vacant post or in alternative to decide the pending representation of the petitioners before the respondent no.3. 2. Heard. 3. Learned counsel for the petitioners submitted that in an identical matter (Writ Petition No.946 of 2018) learned Single Judge of this Court passed the judgment on 29.12.2020. By allowing the said Writ Petition, the learned Single Judge had directed the respondents to pay the minimum of salary as other regular employees working with the respondent Sugar Company are getting keeping in view the spirit contained in the judgment rendered by the Hon'ble Supreme Court in Jagjit Singh's case. The respondent no.2 and the respondent no.3 challenged the said judgment by preferring the Special Appeal No.53 of 2021, 'Uttarakhand Cooperative Sugar Mills Federation and Another vs. Rajesh Kushwah and Others'. The said Special Appeal was dismissed vide order dated 23.02.2021. The respondent nos.2 and 3 preferred the Special Leave Petition before the Hon'ble Supreme Court. On 28.03.2022, the said Special Leave Petition was dismissed by the Hon'ble Supreme Court. 4. Mr. Mani Kumar, learned counsel appearing for the petitioners, submitted that the present controversy has been decided finally by the Hon'ble Supreme Court. He further submitted that a representation (Annexure No.5 to the present Writ Petition) of the petitioners are pending before the respondent no.3, therefore, the present Writ Petition may be decided by directing the respondent no.3 to decide the said representation, filed by the present petitioners, in view of the order dated 29.12.2020, passed by the learned Single Judge in Writ Petition No.946 of 2018 (S/S), order dated 23.02.2021, passed in Special Appeal No.53 of 2021 and the order dated 28.03.2022, passed by the Hon'ble Supreme Court. 5. Mr. 5. Mr. T.A. Khan, learned Senior Advocate appearing for the respondent nos. 2 and 3, submitted that the petitioners are engaged through contractor, therefore, the case of the petitioners are different from the case of Rajesh Kushwah and Others in Writ Petition No.946 of 2018 (S/S). However, he requested eight weeks' time to decide the said representation (Annexure No.5 to the present Writ Petition). 6. In view of the submissions made by the learned counsel for the parties, and, in the facts and circumstances of the case, the present Writ Petition (S/S No. 2371 of 2022) is disposed of with a direction to the respondent no. 3, to consider and decide the said representation, submitted by the petitioners, by a speaking order expeditiously preferably within a period of eight weeks from the date of the receipt of the certified copy of this order, in accordance with the relevant rules. It is made clear that this Court has not expressed any opinion on the merit of the case.