Uttarakhand High Court
Petitioners vs State Of Uttarakhand And Others on 22 February, 2024
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
AND
HON'BLE SRI JUSTICE ALOK KUMAR VERMA
22ND FEBRUARY, 2024
WRIT PETITION (S/B) No. 616 OF 2018
Narendra Singh and another.
...Petitioners
Versus
State of Uttarakhand and others.
...Respondents
With
SPECIAL APPEAL No. 561 OF 2017
State of Uttarakhand and others.
...Appellants
Versus
Bhupal Singh Shahi and others.
...Respondents
With
SPECIAL APPEAL No. 770 OF 2017
State of Uttarakhand and others.
...Appellants
Versus
Naresh Kumar and others.
...Respondents
With
SPECIAL APPEAL No. 772 OF 2017
State of Uttarakhand and others.
...Appellants
Versus
Manoj Kumar and others.
...Respondents
With
WRIT PETITION (S/B) No. 604 OF 2021
Dr. Spresh Bhatt.
...Petitioner
Versus
State of Uttarakhand and others.
...Respondents
Counsel for the petitioners in : Mr. Bhagwat Mehra, learned counsel.
WPSB No. 616/2018.
Counsel for the petitioner in WPSB : Mr. Sanjay Bhatt, learned counsel.
No. 604/2021.
Counsel for the State of : Mr. J.P. Joshi, learned Additional
Uttarakhand. Advocate General for the State of
Uttarakhand.
Counsel for respondents in SPA : Mr. Hem Chandra Joshi, learned
Nos. 561/2017, 770/2017 and counsel.
772/2017.
Counsel for the intervener in WPSB : Mr. M.C. Pant, learned counsel.
No. 616/2018.
Counsel for respondent nos. 10 & : Mr. D.S. Patni, learned counsel.
11 in WPSB No. 616/2018.
Counsel for Kumaun University. : Mr. B.D. Upadhyaya, learned Senior
Counsel assisted by Ms. Mamta Bisht,
learned counsel.
JUDGMENT :
(per Ms. Ritu Bahri, C.J.)
This order shall dispose of above mentioned
05 cases, as common questions of facts and law are
involved in them.
2. The short question for consideration in these
cases is that, after making the Rules of Regularization in
the year 2011, the State of Uttarakhand had regularized
all those employees, who had completed 10 years of
service. However, subsequently, Rules were made on
31.12.2013 for regularizing those employees, who were
not covered as per the Rules of 2011, and these Rules
were made, keeping in view the fact that the State of
Uttarakhand came into being on 09.11.2000, and many
departments came into being after 2000, and there were
number of employees, who could not complete 10 years
of service, when 2011 Rules were framed, and they
could not be regularized. Being a beneficial legislation,
the State of Uttarakhand came up with the Rules of
2013, and reduced the period of regularization from 10
years to 05 years.
3. The grievance of the petitioners in this batch
of cases is that the period of 10 years could not have
been reduced to 05 years.
4. Since the present case is a special case, where
the State was not in existence before 2000, 10 years'
period could not be completed by number of employees,
as per the 2011 Rules, once the State came into being
on 09.11.2000. Hence, in order to accommodate those
employees, this Policy of 31.12.2013 was made. The
grievance of the petitioners is only that, by creating the
Rules of 2013, the State of Uttarakhand has reduced the
period to 05 years, rather than restricting it to 10 years.
5. Even if this argument of counsel for the
petitioners is taken into consideration today, number of
employees, who have been regularized after giving 05
years of service, have now served for almost 11 more
years after 2013, and even if this condition of 05 years
is to be amended, the services of those employees, who
have already been regularized as per the 2013 Rules,
cannot be de-regularized, as they have served for
almost 14 years now.
6. In the present case, there was an interim
order of stay dated 04.12.2018, that no orders of
regularization will be passed by the State Government,
under the 2013 Rules. Hence, since 04.12.2018 no
regularization orders have been passed. All those
persons, who have been regularized as per the 2013
Rules before 04.12.2018, have worked for more than
13-14 years now. With respect to other candidates, who
have to be regularized now, they can be regularized, as
per the 2013 Rules, by taking into consideration 10
years' service, instead of 05 years, as of now.
7. Accordingly, the 2013 Rules are being
modified that, after 04.12.2018, 10 years' period will be
taken into consideration for regularization.
8. In view of the above, all the above mentioned
Writ Petitions/ Special Appeals are disposed of.
9. Pending application(s), if any, also stand
disposed of accordingly.
______________
RITU BAHRI, C.J.
___________________
ALOK KUMAR VERMA, J.
Dt: 22nd February, 2024
Rahul
