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2017 Supreme(UK) 177

RAJIV SHARMA
Brahn Pal Singh – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Petitioners: Mr. M.C. Pant with Mr. Kishore Kumar, Mr. D.S. Mehta, Mr. M.C. Kandpal Sr. Adv. assisted by Mr. Maneesh Bisht, Mr. S.S. Yadav, Mr. Bhagwat Mehra, Mr. Lalit Belwal, Mr. N.K. Papnoi, Mr. Harendra Belwal, Mr. Shivanand Bhatt, Mr. Amar Shukla.
For the Respondent: Mr. BPS Mer, Brief Holder, Ms. Beena Pandey, Additional CSC, for the State of U.P.

JUDGMENT :

1. 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. However, for the sake of clarity, the facts of WPSS Nos.2178/2014 and 1142 of 2016 have been taken into consideration.

2. Key facts, necessary for the adjudication of this petition, are that in WPSS No.2178/14, petitioner was appointed on daily wage basis w.e.f. 1.12.1980. He was conferred the ‘work-charge’ status on 24.4.1997 and his services were regularized on 21.8.2003. In WPSS No.1142/16, petitioner was appointed in the year 1975. He was retrenched in the year 1982 and was reinstated vide order dated 16.3.1993. He was made work charge

employee on 8.5.2001 and was regularized on 19.1.2009. He retired on 31.10.2015.

3. Mr. M.C. Pant and other Advocates appearing for the petitioners, have vehemently argued that the respondent-Department has not counted the services rendered by the petitioners on work-charge status followed by regularization. Petitioners have also challenged the vires of Regulation 370 of the Civil Service Regulations (CSR) being violative of Articles 14 and 16 of the Constitution of India.

4. Mr. Pant






































































































































































































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