Uttarakhand High Court
Arun Kumar Baghel vs State Of Uttarakhand And Others on 15 September, 2021
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No. 1176 of 2021
Arun Kumar Baghel .......... Petitioner
Vs.
State of Uttarakhand and others ............ Respondents
Mr. T.A. Khan, Senior Advocate assisted by Ms. Divya Jaiswal, Advocate for the
petitioner.
Mr. P.S. Bisht, Additional Chief Standing Counsel with Mr. V.S. Rawat, Brief
Holder for the State of Uttarakhand/respondent nos.1 and 2.
Mr. Ramji Srivastava, Advocate for respondent no.3.
JUDGMENT
Hon'ble Ravindra Maithani, J. (Oral) By means of the instant writ petition, petitioner seeks the following reliefs:
"I. To issue a writ, order or direction in the nature of mandamus commanding the respondents to regularize the services of the petitioner on the post of "Lab Technician" in any District Hospital or any Govt. Medical College in the state of Uttarakhand, under the control of the respondents no.1 & 2.
Or II. To issue a writ, order or direction in the nature of mandamus commanding the respondents to modify the advertisement, dated 13-08-2021 (Annexure No.13 to the writ petition), exempting the petitioner as well as the candidates like the petitioner who had completed 10 years satisfactory services as "Lab Technician" on "fixed salary" or on "fixed term"
basis with the respondents no.1 and 2, from the age bar fixed in the advertisement no.
2m0fp0ls0p0cks0@ijh0 ¼VSDuh0½@02@2020&21@465 (Annexure no.14 to this petition) on the post of Lab Technician and the respondents no.1, 2 and 3 be directed to accept the candidatureship of the petitioner without fixing any age bar.
III. To issue a writ, order or direction in the nature of mandamus commanding the respondents to modify the Rule 11 of the Rules known as "Uttarakhand Medical Education Department Lab Technician (Lab, OT/CSSD, Dental Etc.) Cadre Services Rules- 2020", providing onetime exemption of the age bar for the candidates who have completed 10 years satisfactory service as Lab Technician under the respondents no.1 and 2.
IV. To issue a writ, order or direction in the nature of mandamus directing the respondents to permit the petitioner to participate in the examination process in pursuance to the advertisement dated 13-08-2021, bearing advertisement no. m0fp0ls0p0cks0@ijh0 ¼VSDuh0½@02@2020&21@465 on the post of Lab Technician (Annexure No.14 to the writ petition).
V. Any other relief which this Hon'ble Court may deem fit and proper, may kindly be awarded in favour of the petitioner and against the respondents.
VI. Award the cost of the petition in favour of the petitioner and against the respondents."
2. It is the case of the petitioner that he was initially appointed on contract basis as Lab Technician with the respondents department in the year 2004. The period of contract extended subsequently. Lastly, it was extended in the year 2021 up till 2022.
33. It is the case of the petitioner that respondent no.3, the Uttarakhand Medical Service Selection Board had issued an advertisement on 13.08.2021 for recruitment of the Lab Technicians, for which, the maximum age is 42 years. Petitioner having served for about 16 years in the respondents department, is now 50 years of age. He is not eligible for it, unless the relaxation in age as onetime measure is given.
4. Heard learned counsel for the parties and perused the record.
5. After arguing at a great length, when the Court was about to dictate the Judgment, learned counsel for the petitioner would restricts his prayer by submitting that the respondent nos.1 and 2 may be directed to consider the case of the petitioner in view of Rule 25 of the Uttarakhand Medical Education Department Lab Technician (Lab, OT/CSSD, Dental Etc.) Cadre Services Rules, 2020 (particularly Rule
25) along with the Uttarakhand Regularization of Workman appointed as Daily Wagers, Work Charge, Contract, Fixed Salary, Part Time and Ad hoc basis Rules, 2011.
6. Learned senior counsel for the petitioner would submit that the petitioner be given a liberty to make a representation to the respondent nos.1 and 2 within a period of 10 days from today with further directions to the respondent nos.1 and 2 to decide the representation within a given time.
7. Learned State counsel gives a statement that in case, such a representation is made by the petitioner, a decision will be taken on it within a period of three weeks from the receipt of the representation.
8. The Court takes on record the statement given by the learned State counsel.
9. The writ petition is disposed of with liberty to the petitioner to make a representation to respondent nos.1 and 2, within a 4 period of 10 days from today with further directions to respondent nos.1 and 2 that upon such representation having been made, that shall be decided within a period of three weeks thereafter.
(Ravindra Maithani, J.) 15.09.2021 Sanjay