Uttarakhand High Court
23 September vs State Of Uttarakhand And Others on 23 September, 2025
2025:UHC:8553-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON'BLE CHIEF JUSTICE MR. G. NARENDAR
AND
THE HON'BLE JUSTICE MR. SUBHASH UPADHYAY
Special Appeal No. 17 of 2025
23 September, 2025
Pushkar Pal Singh Bisht and Others --Appellants
Versus
State of Uttarakhand and Others --Respondents
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Presence:-
None is present for the appellants.
Ms. Pooja Banga, learned Brief Holder for the State of Uttarakhand.
Mr. Pankaj Miglani, learned counsel for Uttarakhand Public Service Commission.
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JUDGMENT :
(Per Sri G. NARENDAR, C.J.)
Heard learned counsel for the State and learned
counsel for the Uttarakhand Public Service Commission.
2. Mr. Pankaj Miglani, learned counsel for the Public
Service Commission submits that the instant appeal is
covered by an order of this Court rendered in Special Appeal
No.24 of 2025 dated 11.06.2025.
3. The Co-ordinate Bench of this Court, in which one
of us is a member, was pleased to dispose of the same with
the following directions:-
2025:UHC:8553-DB
"(i) Every petitioner shall submit an individual
representation setting out, in detail, the merits of his
claim and shall also enclose necessary certificates in
support of his eligibility to be considered for the
post.
(ii) The claim petition shall include the details such
as; (a) regarding the date of appointment, (b) in the
event, any selection process was undertaken by the
authorities (in the course of engaging the services
on contractual basis) the details of such
process/procedure, (c) the details of the breaks (the
detail of the break shall detail the number of days,
months or years, the petitioner was out of service),
(d) the date of discontinuance and the date of
reappointment shall be stated.
(iii) The petitioners shall submit their respective
representation within 15 days from the date to be
calculated from the date of receipt of copy of this
order. At the latest, the representation shall be
submitted to the first respondent on or before
30.06.2025 by 5:30 p.m.
(iv) Thereafter, the first respondent shall examine the
representations individually and, thereafter, draw up
a list assigning seniority to the petitioners and some
of the criteria for assessing and drawing up the
seniority list are as follows:-
(a) The date of entry in the service.
(b) The total length of service, excluding the
number of days/weeks/months that the
petitioners were actually out of service.
(v) Thereafter, the first respondent shall, on the
basis of the criteria stated (supra) and also
appreciate the 2013 Rules and, thereafter, pass orders
on each representation, holding them eligible or not,
2025:UHC:8553-DB
for regularization. The first respondent shall not
take into consideration, the removal from the post
of certain of the petitioners post the modification of
the interim orders dated 10.01.2025 & 04.03.2025,
for the purpose of calculating the length of service.
The service rendered or failure to render service
post 10.01.2025 shall not be factored in by the
first respondent while calculating the length of
service. The first respondent shall not be influenced
by any of observations made in any of the orders
passed by this Court, either sitting singly or in division
and the case of each petitioner shall be considered
on the individual merits. It is further made clear that in
the event of any of the petitioners' services being
regularized and it is found that he has been
removed only due to the modified interim order,
then the period from 10.01.2025 shall be counted as
a period spent on duty.
(vi) The first respondent shall consider the case
of the petitioners not only in respect of the
existing vacancies, but also the vacancies that may
come up in the next six months. It is made clear
that all those who have been given charge of
promotional post or a post higher in rank of J.E. for
regularization, shall be eligible for regularization only
in the post of J.E. It is made clear that the
candidate applying for regularization, shall be from
amongst the list of names of 229 persons furnished by
learned Addl. A.G. i.e. the list compiled pursuant to
the order dated 01.04.2025 in SPA No.24 of
2025 in the matter of Ajay Panwar and others
Vs. State of Uttarakhand and others.
(vii) Prior to regularization, the first respondent shall,
in consultation with the Government, also formalize
the service benefits that the State would extend
pursuant to the order of regularization."
2025:UHC:8553-DB
4. In that view, the instant appeal also stands disposed of
in the above terms.
(G. NARENDAR, C.J.)
(SUBHASH UPADHYAY, J.)
Dated: 23.09.2025
KK/SS
SUKHBANT
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SINGH
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Date: 2025.09.26 15:36:23 +05'30'
