[Cites 1, Cited by 0]
Uttarakhand High Court
WPSS/622/2023 on 11 December, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:11059
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPSS/693/2024
With
WPSS/63/2023
WPSS/620/2023
WPSS/622/2023
WPSS/624/2023
WPSS/722/2023
WPSS/752/2023
WPSS/783/2023
WPSS/1089/2023
WPSS/1328/2023
WPSS/2102/2023
WPSS/360/2024
WPSS/364/2024
WPSS/546/2024
WPSS/549/2024
WPSS/550/2024
WPSS/570/2024
WPSS/997/2025
WPSS/2118/2024
WPSS/882/2025
WPSS/885/2025
Hon'ble Manoj Kumar Tiwari, J
1. Mr. K.K. Joshi, Mr. M.C. Pant, Mr.
Amar Murti Shukla, Mr. Yogesh Kumar
Pacholia & Ms. Bhavya Pratap Singh,
learned counsel for the petitioners.
2. Mr. Narayan Dutt, learned Standing
Counsel for the State of Uttarakhand.
3. Mr. Ashish Joshi & Mr. Rajendra
Arya, 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. 693 of 2024 alone are being
2025:UHC:11059
considered and discussed.
5. Petitioners, in these writ petitions,
were engaged through outsourcing, as
Data Entry Operator in State Tax
Department in different years. Almost all
of them have completed more ten years
of service. According to petitioners, they
were engaged against sanctioned vacant
posts, after inviting names from UPNL
and after rendering continuous
satisfactory service for more than a
decade, they have now earned a right to
be considered for regularisation.
6. Learned counsels for the petitioners
have relied upon a judgment dated
12.11.2018 rendered by Division Bench
of this Court in WPPIL No. 116 of 2018
(Kundan Singh vs State of Uttarakhand &
others). He submits that Division Bench
had directed State Government to frame
appropriate Rules for regularisation of
outsourced employee.
7. Learned State Counsel, however,
submits that State Government has now
notified amended Regularisation Rules on
05.12.2025. He submits that claim of
petitioners shall be considered with
reference to the said Rules, for
regularisation.
8. Learned counsels for the
petitioners, however, submits that the
Rules, relied upon by State Counsel, do
not contemplate regularisation of
outsourced employee. Thus, they submit
that judgment rendered by Division
Bench in the case of Kundan Singh vs
State of Uttarakhand & others is yet to
be complied with.
9. Be that as it may, this Court, in
2025:UHC:11059
these writ petitions, cannot direct the
State Government to frame
Scheme/Rules for regularisation of
outsourced employee. Since there is
already a direction of Division Bench of
this Court, therefore, the writ petitions
are disposed of with liberty to petitioners
to approach the Competent Authority in
the State Government by making
representation. If petitioners make
representation(s) to Secretary (Finance)
within two weeks from today, decision
thereupon shall be taken, as per law,
within four months thereafter. Till
decision is taken on petitioners
representation(s), engagement of
petitioners shall not be discontinued.
Artificial break given to them shall be
liable to be ignored while considering
claim of the petitioners. It shall be open
to the petitioners to raise other
grievances also in the representation.
(Manoj Kumar Tiwari, J)
11.12.2025
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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3,
postalCode=263001, st=UTTARAKHAND,
ASWAL
serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726
FBB0, cn=NITI RAJ SINGH ASWAL
Date: 2025.12.11 05:34:43 -08'00'
2025:UHC:11059
