The Uttarakhand High Court has directed the competent authorities to consider the representation made by the petitioner and take appropriate decision by passing a speaking order, in accordance with law, within a period of four weeks, regarding claim of regular appointment/regularisation on the post of Accounts Clerk.
Petitioner Darwan Shailani was appointed on a contract basis on the post of Accounts Clerk in 2005. According to the petitioner, he has been serving continuously ever since 2005, therefore, according to him, he is now entitled to be considered for regularisation on the said post.
It is the case of the petitioner that his services have been dispensed with by an oral order dated April 2, 2021. Feeling aggrieved, the petitioner approached the High Court, seeking quashing of the oral termination order dated April 2, 2021 and directions to the Competent Authority to allow to the petitioner to continue in the service and also directing them to renew the contract of petitioner services and also regularise him on the post of CSD Accounts Clerk, in which he is working from 2005.
Pankaj Chaturvedi, Central Government Standing Counsel appearing for the Union of India, submitted that on March 18, 2021, fresh selection for appointment on contract basis as Accounts Clerk was held, in which the petitioner also participated, however, the petitioner could not qualify in the said examination.
He further submitted that the candidates, who were declared successful, were to be appointed as Accounts Clerk. He has referred to one communication dated April 21, 2021 issued by Colonel, Officiating OCTs, which read:-
“In view of the above you are requested to wait for the declassification of the Board of Officers for the list of selected candidates. In case you are selected you would be contacted by the concerned staff.”
Later, Sachin, Counsel for the petitioner, confined his prayer and submitted that in view of the long services rendered by the Petitioner with the respondents, Petitioner may be permitted to make representation, claiming regular appointment/regularisation on the post of Accounts Clerk, to the Competent Authority and the Competent Authority be directed to take a decision on petitioner’s representation.
Counsel for the Union of India assured the Court that if petitioner makes any representation, the Competent Authority shall examine the matter and pass appropriate order at the earliest.
A single-judge bench of Justice Manoj Kumar Tewari, on Friday, while considering the petition, ordered that the Writ Petition is disposed of with liberty to the petitioner to make representation to the Competent Authority within 10 days from today.
If such representation is made within the stipulated time, the Competent Authority shall consider the same and take appropriate decision by passing a speaking order, in accordance with the law, within a period of four weeks from the date of receipt of such representation.