Uttarakhand High Court
Ranjeet Singh Kathayat vs State Of Uttarakhand And Others on 20 August, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:7363
HIGH COURT OF UTTARAKHAND
AT NAINITAL
Writ Petition (S/S) No. 524 of 2025
Ranjeet Singh Kathayat ...Petitioner
Versus
State of Uttarakhand and others ...Respondents
With
Writ Petition (S/S) No. 409 of 2025
Writ Petition (S/S) No. 648 of 2023
Writ Petition (S/S) No. 695 of 2023
Writ Petition (S/S) No. 347 of 2024
Writ Petition (S/S) No. 1906 of 2024
Writ Petition (S/S) No. 84 of 2025
Writ Petition (S/S) No. 114 of 2025
Writ Petition (S/S) No. 117 of 2025
Writ Petition (S/S) No. 202 of 2025
Writ Petition (S/S) No. 271 of 2025
Writ Petition (S/S) No. 706 of 2025
Writ Petition (S/S) No. 813 of 2025
Writ Petition (S/S) No. 854 of 2025
Advocates : Mr. B.M. Pingal, Advocate for petitioner in WPSS
No. 524/2025. Mr. Yogesh Kumar Pacholia, Advocate for
petitioners in WPSS Nos. 409/2025, 202/2025, 271/2025,
813/2025 and 854/2025. Mr. C.K. Sharma, Advocate for
petitioner in WPSS No. 648/2023. Mr. Imran Ali Khan and Mr.
Harsh Vardhan Dhanik, Advocates for petitioners in WPSS Nos.
695/2023 and 1906/2024. Mr. S.K. Shandilya, Advocate for
petitioner in WPSS No. 347/2024, Mr. Sachin Kumar Sharma,
Advocate for WPSS No. 84/2025, Mr. Gaurav Pawar, Advocate
holding brief of Ms. Prabha Naithani, Advocate for petitioner in
WPSS Nos. 114/2025 and 117/2025 and Mr. Amish Tewari with
Mr. Kailash Chandra, Advocates for petitioner in WPSS No.
706/2025.
Mr. Ganesh Dutt Kandpal, Deputy Advocate General with Mr.
Narayan Dutt and Mr. Suyash Pant, Standing Counsel for the
State of Uttarakhand.
1
2025:UHC:7363
Mr. Pankaj Kumar, Advocate holding brief of Mr. Neeraj Garg,
Advocate for UPNL.
Hon'ble Manoj Kumar Tiwari, J.
1. Since common questions of law and fact are
involved in these writ petitions, therefore they are
taken up together and are being decided by a common
judgment. However, for the sake of brevity, facts of
WPSS No. 524 of 2025 alone are being considered and
discussed.
2. In Writ Petition (S/S) No. 524 of 2025, petitioner
has sought the following reliefs:
"i. Issue a writ, order or direction in the nature of certiorari
quashing the order dated 31-03-2023 qua the petitioner
issued by the respondent no. 5 (contained as Annexure no.
7 to the writ petition).
ii. Issue a writ, order or direction in the nature of
mandamus commanding and directing the respondents to
permit the petitioner to continue with the post of Junior
Clerk (Class III post) with the respondent department and
this Hon'ble Court may direct the respondent authority to
frame a scheme for regularization of services of the
petitioner in compliance of judgment and order rendered
by Hon'ble Division Bench of this Hon'ble Court dated 12-
11-2018 passed in writ petition (PIL) no. 116/2018 Kundan
Singh and others versus State of Uttarakhand and others
which has been affirmed by the Hon'ble Apex Court vide
judgment and order dated 15-10-2024 whereby batch of
SLP were dismissed preferred by the State Government.
iii. Issue a writ, order or direction in the nature of
mandamus commanding and directing the respondents to
pay minimum of pay scale and dearness allowances of
class III post till the petitioner services is regularized.
3. According to petitioner, he was appointed as Data
Entry Operator through an outsourcing agency namely
UPNL against a sanctioned post in State Tax
Department in the year 2010 and he continued to serve
in the said capacity till 31.03.2023.
2025:UHC:7363
4. Petitioner is aggrieved by letter dated 31.03.2023,
issued by Joint Commissioner (Executive), State Tax,
Haldwani to the Regional Project Officer, In-charge
UPNL, Haldwani.
5. By said letter, Regional Project Officer, UPNL,
Haldwani was informed that vacancies against which
outsourced employees including petitioner were
appointed are no more available, therefore, 14 different
employees, including petitioner are being returned to
UPNL.
6. Learned counsel for the petitioner submits that
after serving continuously for about 13 years in State
Tax Department, petitioner cannot be disengaged in
such manner. He further submits that the work and
post are still available, therefore disengagement of
petitioner was not proper.
7. Learned counsel for the petitioner refers to reply
given to application under Right to Information Act
made by petitioner in WPSS No. 409 of 2025 for
contending that there are as many as 123 vacancies
still available on the post of Data Entry Operator.
8. Learned State Counsel, however, submits that
petitioners were engaged on contract through UPNL, an
outsourcing agency, against sanctioned vacant posts
with the stipulation that their engagement will last only
till joining of regularly selected candidates. He submits
that requisition was sent to Uttarakhand Public Service
Commission for holding selection against available
2025:UHC:7363
vacancies on the post of Junior Assistant/Data Entry
Operator and the Commission recommended 138
candidates for appointment in the month of February,
2024 and due to appointment of candidates
recommended by the Commission, there are no vacant
post of Junior Assistant/Data Entry Operator available
in the department against which petitioners can be
continued.
9. This submission, however, is disputed by learned
counsels for the petitioners. They submit that more
than 123 vacancies are still available on the post of
Data Entry Operator/Junior Assistant, therefore,
persons who were engaged on contract, can very well
be continued in service.
10. Since there is no clarity as regards the available
vacancies on the post of Junior Assistant/Data Entry
Operator, therefore, without expressing any opinion on
merits of the case, writ petitions are disposed of by
directing Commissioner, State Tax to consider the claim
of petitioners for re-engagement against the vacancies
available on the post of Junior Assistant/Data Entry
Operator, strictly as per their seniority with reference
to date of initial engagement. This exercise shall be
completed within three months from date of production
of certified copy of this order.
11. Pending application(s), if any, stand disposed of.
(Manoj Kumar Tiwari, J.)
20.08.2025
Mahinder/
MAHINDER SINGH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c,
postalCode=263001, st=UTTARAKHAND,
serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B
8F, cn=MAHINDER SINGH
Date: 2025.08.21 16:56:35 +05'30'
2025:UHC:7363
