Uttarakhand High Court
WPSS/571/2024 on 27 August, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:7601
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPSS/571/2024
Hon'ble Manoj Kumar Tiwari, J
1. Mr. Amar Murti Shukla, learned
counsel for the petitioner.
2. Mr. N.K. Papnoi, learned Standing
Counsel for the State of Uttarakhand.
3. According to petitioner, he was
engaged as daily wager for discharging
duties as Helper in Irrigation Department
in the year 1984; his services were
terminated by oral order on 30.09.1988
against which petitioner raised an
industrial dispute; learned Labour Court
decided the dispute against the
petitioner; petitioner challenged the
award rendered by learned Labour Court
in WPMS No. 425 of 2003, which was
allowed and the matter was remanded
back to Labour Court, and this time,
learned Labour Court decided the
reference in favour of petitioner vide
award dated 14.08.2006 and petitioner
was directed to be reinstated in service.
The employer again challenged the said
award before this Court by filing WPMS
No. 277 of 2007, however, employer's
petition was dismissed by coordinate
Bench vide judgment dated 07.08.2008.
4. Learned counsel for the petitioner
points out that petitioner was ultimately
reinstated on 28.02.2009.
5. By means of this writ petition,
petitioner has sought the following
relief:-
(i) Issue a writ order or direction in the nature
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of Mandamus commanding and directing the
respondent authority to regularize the
services of the petitioner from the date in
which his juniors were regularized.
6. Learned counsel for the petitioner
submits that junior to the petitioner, who
were appointed as daily wager after
01.05.1984, have been regularised in
service, however, petitioner's claim for
such regularisation has not been
considered so far, therefore, the
Competent Authority be directed to
consider petitioner's claim for
regularisation from the date his juniors
were regularised.
7. Mr. N.K. Papnoi, learned State
Counsel, however, submits that persons,
whom petitioner claims to be his junior,
were continuously serving in the
Department for the last more than two
decades, without any break in service,
therefore, their case was covered under
the Uttarakhand Regularisation Rules,
2011 and thus, they were regularised.
He further submits that service of the
petitioner was not continuous, therefore,
he was not eligible as per Uttarakhand
Regularisation Rules, 2011, as such, he
was not regularised. He further submits
that under the Regularisation Rules, a
Regularisation Committee has to be
formed and on the recommendation of
the Committee, the order of
regularisation is issued by the Competent
Authority. Thus, he submits that the
order passed under Uttarakhand
Regularisation Rules, cannot grant
benefit of regularisation from a
retrospective date. He also refers to Rule
7 of the Uttarakhand Regularisation
Rules, which provides that a person
regularised under the said Rules would
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be placed below the existing members of
service in the seniority list.
8. This Court is not inclined to go into
the rival contentions made by learned
counsel for the parties, regarding
petitioner's claim for regularisation from
the back date. Since petitioner's claim for
regularisation is to be considered by the
Competent Authority, therefore,
expression of any opinion on merits will
prejudice the Competent Authority.
9. Having regard to the facts of the
case, the writ petition is disposed of by
directing Chief Engineer, Irrigation
Department to examine petitioner's claim
for regularisation, from the date his
juniors were regularised. For this
purpose, Chief Engineer shall constitute a
Regularisation Committee under the
Regularisation Rules in vogue. This Court
hopes and expects that the entire
exercise shall be completed within six
weeks from the date of presentation of
certified copy of this order.
(Manoj Kumar Tiwari, J)
27.08.2025
Aswal
NITI RAJ SINGH Digitally signed by NITI RAJ SINGH ASWAL
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea
ASWAL
30f3, postalCode=263001, st=UTTARAKHAND,
serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58
A58531726FBB0, cn=NITI RAJ SINGH ASWAL
Date: 2025.08.27 05:09:58 -07'00'
2025:UHC:7601
