Uttarakhand High Court
CLCON/419/2021 on 30 March, 2022
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
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Registrar's order
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CLCON No. 419 of 2021
Hon'ble Manoj Kumar Tiwari, J.
Mr. Sanjay Bhatt, Advocate for the petitioner.
Mr. Rajendra Dobhal, Senior Advocate assisted by Mr. Shubhang Dobhal, Advocate for the respondent.
Heard learned counsel for the parties. Writ Court had directed the Competent Authority in the University to consider petitioner's claim for regularization under Regularization Rules, 2013.
Mr. Rajendra Dobhal, Senior Advocate for the petitioner has drawn attention of this Court to an order passed by Establishment Officer, on 20.09.2021, which is on record as Annexure No.4 to the Contempt Petition.
Mr. Sanjay Bhatt, Advocate for the petitioner pointed out that the said regularization order was cancelled, however Mr. Rajendra Dobhal, Senior Advocate points out that the Competent Authority has restored the aforesaid regularization order vide order dated 11.03.2022.
The subsequent order passed on 11.03.2022 is also taken on record.
Perusal of the said order reveals that petitioner has been regularized on the post of Console Operator, in the scale of ` 5200- 20,200/-, Grade Pay ` 2400/-.
Mr. Sanjay Bhatt, Advocate for the petitioner submits that Writ Court had directed the University to regularize petitioner's services, on the post of Data Processing Assistant or any equivalent post. He further submits that pay-scale of Data Processing Assistant is ` 5200-20,200/-, Grade Pay ` 2800/- ,therefore, petitioner, should have been regularized on a post carrying the said scale.
Since services of the petitioner have been regularized and Mr. Rajendra Dobhal, Senior Advocate submits that there is no vacancy on a post equivalent to the post of Data Processing Assistant, therefore, in the humble opinion of this Court, substantial compliance of the order has been made.
Accordingly, contempt petition is closed.
Contempt notice issued to the respondent is hereby discharged.
However petitioner shall be at liberty to approach the appropriate forum for redressal of his grievance, if any.
(Manoj Kumar Tiwari, J.) 30.03.2022 Shubham `