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WPSS/2421/2024
2025 Latest Caselaw 5166 UK

Citation : 2025 Latest Caselaw 5166 UK
Judgement Date : 31 October, 2025

Uttarakhand High Court

WPSS/2421/2024 on 31 October, 2025

Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
                                                                      2025:UHC:9641
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions               COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPSS/2421/2024
                               With
                               WPSS/2434/2024
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. Shivanand Bhatt, Advocate for the petitioners.

Mr. D.S. Mehta, Advocate for the petitioners in WPSS No. 2434/2024.

Mr. Narayan Dutt Bhatt, Standing Counsel for the State.

Mr. Pankaj Miglani, Advocate for Commission.

Mr. Neeraj Garg, Advocate for respondent no. 6.

2. Since common questions of law and fact are involved in these petitions, therefore they are heard together and are being decided by a common judgment. However, for the sake of brevity, facts of Writ Petition No. 2421 of 2024 (SS) alone are being discussed and considered.

3. Petitioners in WPSS No. 2421 of 2024 were engaged through outsourcing as Junior Engineer (Civil) in Jila Panchayat, Tehri Garhwal in the years 2018 and 2022 respectively. The vacancies available in different Jila Panchayats were notified to the Uttarakhand Public Service Commission for holding selection for regular appointment. The Commission recommended certain names for appointment as Junior Engineer. Thus 2025:UHC:9641 apprehending their disengagement, petitioners approached this Court, seeking following reliefs:

"1. Issue a writ order or direction in the nature of Certiorari quashing the impugned letter dated 11.12.2024 (Annexure No.6) whereby in para-3 of the letter that "It is informed regarding the personnel earlier sponsored on the post of Junior Engineer through outsourced agency Environment & Public Welfare Committee/P.E.J.K.S./U.P.N.L./other agencies, such Junior Engineers were given deployment till 11 months or until further orders, whichever occurs earlier and at present 41 Junior Engineers are employed in the department. Hence in such situation, the services of all outsourced personnel sponsored on the post of Junior Engineers will be automatically deemed to be terminated from 1.1.2025."

2. Issue a writ order or direction in the nature of mandamus commanding and directing the respondent no.1 to 7 to consider regularization of the petitioners in the said post of Junior Engineer (Civil) in the light of the judgment dated of this Hon'ble High Court of Uttarakhand in WPPIL 116 OF 2018 "Kundan Singh Vs. State of Uttarkhand" and order/judgment dated 15.10.2024 in SLP(C) No. 2388 of 2019 "State of Uttarakhand vs. Kundan Singh" (Annexure No.7).

3. Issue a writ order or direction in the nature of mandamus commanding and directing the respondent no.1 to 7 to not disturb the services of the petitioners as Junior Engineer (Civil) in Zila Panchayat, Tehri, Tehri Garhwal."

4. Learned counsel for the petitioners submit that petitioners are still serving as Junior Engineer and their engagement has not been disturbed. He submits that petitioners have served for sufficiently long period of time, therefore, they have earned a right to be considered for regularisation therefore, the competent authority be directed to examine their claim.

2025:UHC:9641

5. The writ petition is, accordingly, disposed of with liberty to the petitioners to make representation regarding their regularisation. The representation if made by petitioners within two weeks from today, shall be considered by the Director, Panchayati Raj within six months thereafter.

6. Pending application (s), if any, also stand disposed of.

(Manoj Kumar Tiwari, J.) 31.10.2025 Mahinder/

 
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