Extracted from the PDF above. The PDF is authoritative.
2025:UHC:4163 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSS No.2781 of 2019 Hon’ble Alok Mahra, J.
Mr. Jitendra Chaudhary, Advocate for the petitioner.
Mr. Bhupendra Koranga, Brief Holder for the State of Uttarakhand.
Mr. Siddhant Manral, Advocate for respondent nos.3 & 4.
2. According to petitioner, he was appointed as Sweeper/Safai Nayak on daily wage basis in Nagar Panchayat, Kelakhera w.e.f. 01.12.1999 and he is thereafter serving as such in the Nagar Panchayat, however, his claim for regularisation is not being considered.
3. It is contended by learned counsel for the petitioner that the State Government had introduced One Time Scheme for Regularisation of Safai Karamcharis and 859 posts were created for the entire State, out of which, 3 posts were created for Nagar Panchayat, Kelakhera; petitioner was eligible for regularisation against those 3 posts, however, no one was regularised under the said scheme in that Nagar Panchayat, but subsequently 5 other Group ‘D’ employees have been regularised by ignoring petitioner’s claim.
4. Mr. Siddhant Manral,
learned Counsel appearing for Nagar Panchayat, submits that name of petitioner has been recommended to the State Government for regularisation of his service and the matter is pending before the State Government.
2025:UHC:4163
5. Learned State Counsel, however, submits that Nagar Panchayat is the appointing authority in respect of the Group ‘D’ employees, therefore decision regarding regularisation can be taken by the Nagar Panchayat. Per contra, learned Counsel appearing for the Nagar Panchayat submits that the State Government has restrained all urban local bodies from passing any regularisation order. He refers to the Government
Order dated 17.7.2017, Annexure C.A.-3 to the counter affidavit filed by Nagar Panchayat, in support of his contention.
6. In view of the fact that petitioner has served continuously as Group ‘D’ employee in Nagar Panchayat for almost 26 long years, therefore, the writ petition is disposed of with a direction to the State Government to pass necessary
order so that petitioner’s claim for regularisation is considered by the competent authority.
7. This Court hopes & expects that needful shall be done by the State Government within six weeks from the date of receipt of certified copy of this
order.
8. Since this Court has considered only the question of regularisation in this writ petition, therefore, this order will have no bearing on petitioner’s claim for full salary from a date before his regularisation.
(Alok Mahra, J.)
20.05.2025 Arpan
ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dd db7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB98 7446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.05.20 17:00:55 +05'30'