Petitioners sweeping for Nagar Palika Parishad sought regularisation. The state countered absence of sanctioned posts. Court dismissed petitions.
Dismissing civil Writs No. 413, 414 and 415 of 2014.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No.413 of 2014 (S/S)
Ravi and others ….…Petitioners Versus
State of Uttarakhand and others
…..…Respondents
with
Writ Petition No.414 of 2014 (S/S)
Munesh and others ….…Petitioners Versus
State of Uttarakhand and others
…..…Respondents with
Writ Petition No.415 of 2014 (S/S)
Anosh and others ….…Petitioners Versus
State of Uttarakhand and others
…..…Respondents
Hon’ble Sudhanshu Dhulia, J. (Oral)
Heard Mr. Shivanand Bhatt, Advocate for the petitioners and Mr. Vikas Pandey, Brief Holder for the State.
Petitioners are working as sweepers in the Nagar Palika Parishad, Pauri Garhwal. They claim their regularization as such on the post of sweeper. Hence, this writ petition.
In the counter affidavit, it has been stated that the petitioners are not working on any sanctioned post. One of the mandatory conditions for regularisation is that the person must be working on a sanctioned post. Admittedly, this is not the case, as petitioners are not working on a
2
substantive vacancy, their case for regularisation therefore, cannot be considered.
In view thereof, the writ petition is dismissed.
(Sudhanshu Dhulia, J.) 05.12.2014
JKJ
2 issues framed by the court
Whether petitioners employed as sweepers can be regularised when not in substantive vacancies.
What is the mandatory condition for regularisation per government counter-affidavit?
1 provisions across 1 enactments
Ravi and others
State of Uttarakhand
Munesh and others
Anosh and others
Sudhanshu Dhulia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
