WPSS/427/2019
2025 Latest Caselaw 6017 UK

Uttarakhand High Court

WPSS/427/2019 on 10 December, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                                                                        2025:UHC:11010


              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                 COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPSS/427/2019
                               Hon'ble Rakesh Thapliyal, J.

1. Ms. Priyanka Agarwal, learned counsel for the petitioner.

2. Mr. Pradeep Hairiya, learned Standing Counsel with Mr. Tarun Mohan and Mr. Hargovind Pant, learned Brief Holder for the State.

3. Petitioner is challenging the Notification dated 05.07.2022 whereby regularization rules known as the Uttarakhand Regularization of Ad hoc Appointment (on the post outside the purview of Public Service Commission), Rules 2002 has been notified. In addition to this, petitioner is praying for that the seniority of the petitioner to be computed from the date of initial appointment and not from the date of regularisation.

4. It is argued by learned counsel for the petitioner that in fact, petitioner was given appointment against the substantive vacancy, therefore, his appointment should be treated as substantive one, since the petitioner was occupying substantive vacancy before regularisation.

5. Apart from this, she has placed reliance on the judgment of the Constitutional Bench of Hon'ble Supreme Court in the case of Direct Recruit Class II Engineering Officers' Association Vs State of Maharastra (1990) 2 SCC 715.

6. Mr. Pradeep Hairiya, learned Standing Counsel for the State, argued that this judgment has no relevance in the present case, since the issue decided by the Constitutional Bench was on different context i.e. the issue of inter se seniority between direct recruits and promotees.

7. Apart from this, he submits that in view of the Uttarakhand Government Servant (Determination of Seniority) Rules, 2002 the seniority has to be computed from the date of substantive appointment and as per the definition clause, substantive appointment are those appointment which are ad hoc one.

8. In such view of the matter, since the petitioner got substantive appointment when his services were regularised, there is no question to count service which the petitioner has rendered in the ad hoc 2025:UHC:11010 capacity. Even otherwise, the petitioner has not placed his appointment letter on record.

9. Admittedly, petitioner was regularised pursuant to the Uttarakhand Regularization of Ad hoc Appointment (on the post outside the purview of Public Service Commission), Rules 2002 and he accepted his regularisation, therefore, then he has no right to claim that seniority has to be computed from the date of substantive appointment.

10. In such view of the matter, I do not find any merit in the petition. Accordingly, the same is dismissed.

(Rakesh Thapliyal, J.) 09.12.2025 SKS