[Cites 0, Cited by 0]
Uttarakhand High Court
Uttarakhand Diploma Engineers ... vs District Magistrate on 17 February, 2026
2026:UHC:1012-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA, C.J.
AND
HON'BLE SRI JUSTICE SUBHASH UPADHYAY, J.
17th February, 2026
Special Appeal No. 163 of 2025
Uttarakhand Diploma Engineers Mahasangh
------------Appellant
Versus
District Magistrate, Rudraprayag and others
----------Respondents
----------------------------------------------------------------------
Presence:-
Shri Dinesh Gahatori, learned counsel for the appellant.
Shri B.S.Parihar, learned Additional C.S.C. for the State.
JUDGMENT:
(per Manoj Kumar Gupta, C.J.)
1. The present intra court appeal is directed
against an order of learned Single Judge dated
01.05.2025, by which, Writ Petition No. 672 of
2025(S/S), filed by the appellant has been dismissed.
2. The appellant is an association of Diploma
Engineers working under the State Government in PWD
and Irrigation departments. They had preferred the writ
petition seeking a mandamus restraining respondents
no. 1 & 2 from deploying the members of the petitioner
2026:UHC:1012-DB
association, who are Diploma Engineers in Kedarnath
Dham Yatra under Chardham Yatra in any capacity.
3. The plea of the petitioner before the Writ
Court was that members of the petitioner association
have been deployed for maintaining sanitation during
the Chardham Yatra, a work which is not relatable to
their duties.
4. In support of the said contention, reliance
was placed on an order dated 05.04.2023 annexed as
annexure-2 to the writ petition. The learned Single
Judge has considered the contention and has dismissed
the writ petition observing that a Government servant
has to perform duties as per the exigencies of service.
5. It has also been observed that Kedar Nath
Dham Yatra under Chardham Yatra is a yatra which has
gained popularity in recent years and as State
Government has to ensure safety, security and
convenience of the yatries during the yatra, therefore,
the Government was within its power to assign duties
to members of the petitioner-association.
2026:UHC:1012-DB
6. Learned counsel for the appellant contends
that the members of the petitioner-association are
technical experts and they have no experience in
maintaining sanitation and other such jobs, which
according to him have been assigned to the petitioner-
association.
7. As noted above, in support of the said
contention, again reliance has been placed on the order
annexed as annexure-2 to the writ petition.
8. We have gone through the order dated 5th
April, 2023. It is a composite order, by which, duties
have been assigned to Government servants working
under different departments and also officers of the
local bodies and municipalities.
9. A perusal of the aforesaid order reveals that
sanitation work and other similar related works have
been assigned to officers of Sulabh International and
officers of Municipalities and local bodies. The members
of the petitioner-association have not been assigned
any such duties. They have been assigned the role of
preventing landslides and repair of the tracks, through
2026:UHC:1012-DB
which, Yatra has to pass. Even on repeated query made
to learned counsel for the appellant, he is unable to
show from the said order that any sanitation work has
been assigned to any member of the appellant-
association.
10. In view of the above, we find no merit in the
instant appeal. It is accordingly, dismissed.
11. Pending application, if any, also stands
disposed of.
(MANOJ KUMAR GUPTA, C.J.)
(SUBHASH UPADHYAY, J.)
Dated: 17.02.2026
Kaushal
