Uttarakhand High CourtDhan Singh Bisht vs State Of Uttarakhand And Others on 23 March, 2017Author:Rajiv SharmaBench:Rajiv SharmaWPSS Nos.671, 686, 685, 684, 675, 676, 677, 673, 669,
679, 674, 688, 672, 683, 670, 668, 680, 678, 690, 687,
689, 1807 all of the year 2015
Hon'ble Rajiv Sharma, J.Mr. M.C. Kandpal, Sr. Advocate
assisted by Mr. Maneesh Bisht, Advocate,
for all the petitioners.Mr. BPS Mer, Brief Holder for the
State of Uttarakhand.Since the common questions of law
and    facts    are       involved      in     all    these
petitions, the same have been taken up
together and decided by this common
judgment.Petitioners are working in the Forest
Department for last more than 30-35
years.      However,            the          respondent-
Department,          till     date,     has          neither
regularized the services of the petitioners
nor they have been paid the minimum of
pay scale.The only ground, taken by the
respondent-State, for denying the status
of a regular employee to the petitioners is
that there are workmen senior to the
petitioners         in      seniority        and       non-
availability of vacancies.Accordingly,            the     present           writ
petitions      are       disposed       of    with      the
direction      to    the     respondent-State             to
regularize the petitioners in service on
 the basis of their seniority immediately as
and when the posts become available. Till
then, the State is directed to pay at least
the       minimum    of    pay   scale    to   the
petitioners        along    with    admissible
allowances, within a period of eight weeks
from today.It is also made clear by way of
abundant precaution that if the persons,
junior to the petitioners, have been
regularized, in that case, the petitioners
shall be regularized immediately and
those juniors would be placed at the
bottom.All   pending    applications    stand
disposed of accordingly.(Rajiv Sharma, J.)
                      23.03.2017
Rdang/Nishant