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Uttarakhand High Court
WPSS/209/2024 on 10 December, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:10973
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPSS/2309/2023
With
WPSS/1515/2025
WPSS/1528/2023
WPSS/2310/2023
WPSS/2344/2023
WPSS/2345/2023
WPSS/24/2024
WPSS/32/2024
WPSS/37/2024
WPSS/82/2024
WPSS/209/2024
WPSS/489/2024
Hon'ble Manoj Kumar Tiwari, J
1. Mr. Abhijay Negi, Mr. Vinod Fulara, Ms.
Sudha Tamta, Mr. Hem Chandra Joshi and
Mr. Gulshan Pandey, Advocate holding brief
of Mr. Rahul Adhikari, Advocates for the
petitioners.
2. Mr. D.K. Bankoti, learned Brief Holder
for the State of Uttarakhand.
3. Mr. Yashpal Singh, Advocate holding
brief of Mr. Neeraj Garg, learned counsel for
the respondent-UPNL.
4. Since common questions of fact and
law are involved in these petitions,
therefore, these petitions are clubbed
together and decided by this common
judgment. However, for the sake of brevity
and convenience, facts of WPSS No. 2309 of
2023 alone are being considered and
discussed.
5. Petitioners in WPSS No. 2309 of 2023
were engaged through outsourcing in
different divisions of Uttarakhand Forest
Department. The reliefs, sought in the writ
petition, are as follows:-
i) Issue writ order or direction in the nature of
Mandamus to command the respondent
Uttarakhand Forrest Department to act upon the
Government Order No. 1285 of 2023 dated
09.11.2023 (Annexure 9), vide which the state
2025:UHC:10973
government has informed the Head of Forest Force
(HoFF) in the government of Uttarakhand with
regard to the creation of 1113 posts and has
directed that for further posts/restructuring of the
Forest Department, the amended proposal be sent
to the state government at the earliest.
ii) Issue writ order or direction in the nature of
mandamus to command the respondent
Uttarakhand Forest Department to continue
extending the benefit of the Government Order
No. 1284 of 2023 dated 09.11.2023 (Annexure
10), vide which it was specifically noted that there
are a total of 2187 persons currently serving in
the Uttarakhand Forest Department via outsource
mechanism whose arrears of salary were directed
to be cleared till October, 2023.
iii) Issue a writ order or direction in the nature of
mandamus to command the Uttarakhand Forest
Department to abide by Clause 4 of the
Government Order dated 20.12.2006, (Annexure
2) vide which the aspect of outsourcing services
was specifically recognized within the structure of
the Uttarakhand Forest Department.
iv) Issue a writ order or direction in the nature of
certiorari to quash the Government Order dated
18.07.2023 (Annexure 7) as being contrary to the
Government Order dated 27.04.2018 (Annexure
3) and being arbitrary whimsical and contrary to
public law.
v) Issue a writ order or direction in the nature of
certiorari to quash the decision dated 17.11.2023
(Annexure 11) as taken by a High-level committee
of the Uttarakhand Forest Department, wherein an
arbitrary decision has been taken contrary to the
Government Order dated 20.12.2006 (Annexure
2), vide which the Forest Department was
restructured, and a blanket direction has been
issued for removing persons who have come via
outsource channel.
6. In sum and substance, the grievance
of petitioners in all these petitions is that
there engagement was discontinued only on
the ground that there was a change in the
salary head from which their wages were
being drawn.
7. Coordinate Bench has passed an order
on 08.01.2024, after hearing the version of
Senior Officers of Forest Department,
including Principal Chief Conservator of
2025:UHC:10973
Forest (HoFF). Relevant para of the said
order are extracted below:-
"13. From conjoint reading of the said two
government orders, it appears that the payment
which is to be made to the petitioners should be
made under the head of 08 Standard Head as
annexed to the Government Order dated
25.10.2019. Difficulty which the
respondentDepartment is facing that the
payment from this Head can only be made to
those persons, who have been engaged on
contract or outsourcing agency like UPNL and
PRD against the regular and sanctioned post.
14. This Court is not impressed by the reasoning
which has been offered by the respondent-
Department as well as the learned State counsel,
for the reason that it is admitted by the Officers,
who are present through video conferencing, that
these petitioners have been engaged with the
respondent-Department through different
channels, including outsourcing agency, on
account of their requirement in the department
and it is also admitted by the Officers, appearing
through video conferencing, that requirement of
these persons are still there in the Forest
Department.
15. The only glitch which this Court can
comprehend, is with regard to the fact that since
they have not been engaged against the
sanctioned and regular posts, there is difficulty
with the respondent-State and the Department
for making payment to them under Head 08
which is meant for such employees. But fact of
the matter is this, they have been paid since long
even before the Government Order dated
18.07.2023.
16. Keeping in view the fact that service of the
petitioners are still required and the only
difference lies with the mode of payment to the
petitioner, this Court is of the view that till the
writ petition is decided on merit, petitioners
service shall not be dispensed with, accordingly
the order passed by respondent-Department
dated 17.11.2023 passed by respondent no.3
relying upon Government Order dated
24.07.2018 is hereby stayed.
17. Till the next date of listing, effect and
operation of the impugned government order
dated 18.07.2023 is hereby stayed.
18. Learned counsel for the respondents pray for
2025:UHC:10973
and are granted six weeks' time for filing counter
affidavit(s).
19. It is made clear that petitioners shall be paid
arrears of their remuneration and regular
remuneration on month to month basis, after
sorting out the difficulty in making the payment
to the petitioner as it can be cured by State
Government itself. Arrears be paid within six
weeks from today
20. It is also submitted by the Officers, Mr. Anup
Malik, Principal Chief Conservator of Forest
(HOFF) and Mr. Nishant Verma, Chief Conservator
of Forest, Human Research Development that the
Department is sincerely taking up the issue with
the Government to resolve the problem faced by
the petitioners."
8. From the aforesaid order passed by
coordinate Bench, it is revealed that the
Forest Officers had assured the Court that
they will sincerely take-up the issue with the
State Government to resolve the problem
faced by petitioners.
9. Learned State Counsel is not in a
position to apprise the Court about any
progress in the matter.
10. In such view of the matter, no useful
purpose would be served by keeping these
writ petitions pending, when the only issue
is regarding discontinuance of engagement
of petitioners on the sole ground of change
of head under which the wages are to be
paid.
11. The writ petitions are, accordingly,
disposed of by providing that engagement of
petitioners shall not be discontinued only on
the aforesaid ground, namely that head
under which their wages are to be drawn
has been changed and petitioners shall be
permitted to serve, if work and post is
available in the concerned Division.
(Manoj Kumar Tiwari, J)
10.12.2025
Aswal
NITI RAJ Digitally signed by NITI RAJ SINGH ASWAL
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3,
postalCode=263001, st=UTTARAKHAND,
SINGH ASWAL
serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB
0, cn=NITI RAJ SINGH ASWAL
Date: 2025.12.10 04:32:47 -08'00'
2025:UHC:10973
