2025:UHC:3816-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB/486/2021 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. (Per: Hon’ble Manoj Kumar Tiwari, J.) 1. Mr. Prabhakar Joshi, learned counsel for the petitioner. 2. Mr. G.S. Negi, learned Additional C.S.C. for the State of Uttarakhand. 3. This writ petition was filed in 2021, seeking the following reliefs:- (i) Issue an appropriate writ, order or direction, declaring the impugned Rule 8 of the notification dated 2.9.2021 issued by Government of Uttarakhand is ultra- vires to the constitution (Annexure No. 1 to this writ petition) (ii) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondents to add qualification of B. Pharma Degree in Rule 8 of the notification dated 2.09.2021 for appointment on the post of ‘Pharmacist (Allopathic)’. 4. A counter affidavit dated 07.03.2022 is filed by Virendra Pal Singh, Joint Secretary, Labour Department, Government of Uttarakhand. Para 4 of the said counter is extracted below:- “4. That the contents of paragraph No. 2 of the said petition are only admitted in so far as they are matter of record. However, it is imperative to clarify that in light of the Government of India Notification dated 16.07.2019, the answering respondent is taking necessary steps to amend Rule 8 of 2025:UHC:3816-DB the Uttarakhand Employees State Insurance Scheme Pharmacist Cadre (Allopathic) Service Rules, 2021 in order to include B. Pharma degree in addition to D. Pharma as a qualification for the post of Pharmacist (Allopathic)” 5. Learned counsel for the petitioner submits that although an assurance was given, more than three years ago that necessary steps are being taken to amend Rule 8 of the applicable Service Rules; however, no progress has been made thereafter and the matter is where it was, before filing the writ petition. 6. Learned State Counsel also submits that in the absence of any clear instructions, he is not in a position to make any definite statement in the matter. 7. Having regard to the stand taken by the State Government in para 4 of its counter affidavit, we dispose of the writ petition with a direction to the State Government to finalise the matter and issue necessary notification, within four months from the date of production of presentation of certified copy of this order before respondent no. 1. (Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 13.05.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a 3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22 DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.05.13 18:43:44 -07'00' 2025:UHC:3816-DB