Uttarakhand High Court
Hansha Datt Upadhyay vs State Of Uttarakhand & Others on 29 August, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:7710-DB
Reserved on : 18.08.2025
Delivered on: 29.08.2025
HIGH COURT OF UTTARAKHAND AT NAINITAL
Special Appeal No. 9 of 2016
Hansha Datt Upadhyay ---Appellant
Versus
State of Uttarakhand & others -Respondents
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Presence:-
Mr. C.D. Bahuguna, learned Senior Counsel, assisted by Mr. C.S. Dalakoti,
learned counsel for the appellant.
Mr. K.N. Joshi, learned Deputy Advocate General for the State of Uttarakhand.
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Hon'ble Manoj Kumar Tiwari, J.
Hon'ble Ashish Naithani, J.
(Per: Hon'ble Manoj Kumar Tiwari, J.)
JUDGMENT
This intra-court appeal is filed by the writ-
petitioner challenging dismissal of his writ petition by
learned Single Judge, vide judgment dated 01.12.2015,
rendered in Writ Petition (S/S) No. 996 of 2010.
2. In his writ petition, appellant had challenged
order dated 27.04.2010, passed by Executive Engineer,
Construction Division, Public Works Department,
Nainital, whereby his claim for regularization was
rejected on the ground that his case is not covered by
Uttaranchal Regularization of Ad-hoc Appointments (On
posts Outside the Purview of the Public Service
Commission), Rules, 2002. The Executive Engineer had
2025:UHC:7710-DB
given details about the number of days appellant
served as daily wager in different years, which is as
follows:-
S.No. Year Number of days
1. 1996 120 days
2. 1997 149 days
3. 1998 22 days
4. 2000 105 days
5. 2001 91 days
6. 2002 90 days
3. Learned Single Judge repelled the challenge
to the rejection order, thrown by appellant on the
ground that appellant has not brought any evidence to
substantiate his contention that he served continuously
as Amin/Surveyor during the relevant period, which is
to be taken into account for regularization. Learned
Single Judge also took note of the fact that at the time
of filing of writ petition in 2010, appellant was 58 years
of age and he attained 60 years of age, which is the
age of superannuation in the year 2012, therefore in
1995, when appellant claims to have been appointed,
he was about 43 years of age, which is more than the
upper age limit for appointment under the State, which
was 35 years at the relevant point of time.
4. We do not find any reason to interfere with
the impugned judgment. As per Uttaranchal
Regularization of Ad-hoc Appointments (On posts
Outside the Purview of the Public Service Commission),
Rules, 2002, only such employee, who was directly
appointed on ad-hoc basis before 30.06.1998 and was
2025:UHC:7710-DB
continuing in service as such on the date of
commencement of those Rules i.e. 05.07.2002 and
possessed requisite qualifications prescribed for regular
appointment on such post at the time of his ad-hoc
appointment, alone was eligible to be regularized.
5. Appellant concedes that he was appointed as
daily wager and not as ad-hoc employee and there is
no pleading in the writ petition that appellant
possessed qualifications required for the post of Amin /
Surveyor.
6. Learned counsel for the appellant submits
that appellant was engaged as Amin by Public Works
Department, as his land was affected due to
construction of Nathuwakhan-Suyalbari Road.
7. Learned Single Judge has given valid reasons
for dismissing the writ petition filed by the appellant.
Admittedly, appellant attained age of superannuation in
2012. After attaining age of retirement, a daily wage
employee cannot be regularized in service. There is no
provision in the Rules for regularization from back date.
8. Thus, any interference with the judgment
rendered by learned Single Judge would be uncalled for.
The Special Appeal thus fails and is dismissed.
(Ashish Naithani, J.)
[
(Manoj Kumar Tiwari, J.)
Navin
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cn=NAVEEN CHANDRA
Date: 2025.08.29 16:21:33 +05'30'
