WPSS/146/2025
2025 Latest Caselaw 4617 UK

Uttarakhand High Court

WPSS/146/2025 on 25 September, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                                  2025:UHC:8677
                Office Notes,
             reports, orders or
SL.            proceedings or
      Date                                            COURT'S OR JUDGE'S ORDERS
No.            directions and
              Registrar's order
              with Signatures
                                  WPSS/146/2025
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Pankaj Chaturvedi, Advocate for the petitioner.

Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel for the State.

2. Petitioner was engaged on contract as Data Entry Operator in State Tax Department in the year 2016. He was subsequently disengaged w.e.f. 31.03.2023. Thus feeling aggrieved, petitioner approached this Court, seeking the following reliefs:

(I) To issue a writ, order or direction in the nature of certiorari to quash the order dated 31.03.2023 issued by State Tax Department (Contained as Annexure No.3 to this writ petition).

(II) To issue a writ, order or direction in the nature of mandamus directing the Joint Commissioner, State Tax, Haridwar, District- Haridwar not to remove the petitioner from the post of Data Entry Operator occupied by him since 2016.

III) To issue a writ, order or direction in the nature of mandamus directing the Respondents to regularize the service of the petitioner on vacant and sanctioned post the post of Data Entry operator, occupied by him since 2016 and has already completed minimum period of regularization under 2013 regularization rules and in view of the order passed by the Hon'ble Supreme Court of India in the matter of Uma Devi Vs. Secretary State of Karnataka and others 2006 (4) SCC 1 and order passed by this Hon'ble Court in Writ Petition (PIL) 116 of 2018 Title Kundan Singh Vs. State and others.

(IV) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the minimum pay scale and dearness allowances admissible to the group C employee of the state to the petitioner."

3. Learned counsel for the petitioner submits that identical issue in respect of Data Entry 2025:UHC:8677 Operators serving in the same department has been decided by this Court in WPSS No. 524 of 2025. He submits that present writ petition may also be decided in terms of the said judgment.

4. Learned State Counsel concedes that facts involved in present writ petition are identical to the one decided in that writ petition.

5. In such view of the matter, the writ petition is decided in terms of judgment dated 20.08.2025, rendered in WPSS No. 524 of 2025.

6. The Commissioner, State Tax is directed to consider the claim of petitioner for re-engagement against the vacancy available on the post of Junior Assistant /Data Entry Operator, strictly as per his seniority with reference to date of initial engagement. This exercise shall be completed within three months from date of production of certified copy of this order.

(Manoj Kumar Tiwari, J.) 25.09.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.09.25 18:38:57 +05'30'