Uttarakhand High Court
WPSS/4057/2018 on 27 March, 2026
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2026:UHC:2215
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WPSS/4057/2018
Hon'ble Manoj Kumar Tiwari, J.
Mr. Pooran Singh Rawat, Advocate for the petitioners.
2. Mr. K.N. Joshi, Deputy Advocate General for the State of Uttarakhand.
3. Petitioners were engaged as daily wager in State Irrigation Department in the year 1984; their services were terminated in the year 1997 against which petitioners approached Labour Court, Labour Court gave award in favour of the petitioners and held their termination to be unjust and arbitrary and directed for their reinstatement in service with continuity of services along with backwages of 50%. Pursuant to the award rendered by learned Labour Court, petitioners were reinstated on 13.03.2013, as earlier the employer had filed writ petition before this Court and SLP before Hon'ble Supreme Court and the petitioners were reinstated only when the award attained finality.
4. In this writ petition, petitioners contend that since they are serving for last more than 25 years as daily wager in Irrigation Department, therefore, they are entitled for regularisation in terms of the Regularisation Rules framed by the State Government. The relief sought in the writ petition is extracted below for ready reference:-
"Therefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to issue a writ order or direction in the nature of mandamus commanding the respondents to regularise the service of petitioners in pursuance to notification No. 7298/XXX(2)/2013-3(1)/2006 dated 2026:UHC:2215 30th December 2013 by giving them benefit of continuity of services as per awards passed by the labour court and confirmed by the Hon'ble High Court and Hon'ble Supreme Court."
5. Learned State Counsel concedes that State Government has framed Rules for regularisation of daily wage/ ad-hoc employees. He submits that those Rules were framed in 2013 and certain amendments have been made in the said Rules in December, 2025. He submits that if petitioners have any grievance, then they should have approached the competent authority by making a representation.
6. The writ petition is, accordingly, disposed of by permitting the petitioners to approach the competent authority by making representation claiming regularisation. If such representation is made within two weeks from today, decision thereupon shall be taken by the competent authority, within eight weeks thereafter. If petitioners are found eligible as per the Regularisation Rules, then their matter shall be placed before the regularisation committee, which shall pass appropriate orders, within six weeks of placement of petitioners' claim before such committee.
(Manoj Kumar Tiwari, J.) 27.03.2026 Navin NAVEEN Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a13 CHANDRA 1bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D 653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.03.27 17:36:11 +05'30'