PANKAJ KUMAR v. UTTARAKHAND FOREST DEVELOPMENT CORPORATION
WPSS/1495/2025 · 2025-09-11
Manoj Kumar Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11131 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11131 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:8065 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPSS 1495/2025
Hon’ble Manoj Kumar Tiwari, J.
Mr. Priyansh Mittal, Advocate, i/b Mr. Abhijay Negi, Advocate for the petitioner. Mr. Rajesh Sharma, Advocate, for the respondents. (2) By means of this writ petition, petitioner has sought the following reliefs:-
“i. Issue a writ, order or direction in the nature of Mandamus commanding the respondent Uttarakhand Forest Development Corporation to not discontinue the gainful employment of the petitioner, as it was being diligently discharged by him pursuant to his selection and appointment dated
31.05.2023. (Annexure No. 1)
ii. Issue a writ, order or direction in the nature of Mandamus commanding the respondent Uttarakhand Forest Development Corporation to decide the petitioners representation dated
08.08.2024. (Annexure No. 6)
iii. Issue a writ, order or direction in the nature of Mandamus commanding the respondent Uttarakhand Forest Development Corporation to release the salaries of the petitioner for the period of April, 2024 – December, 2024.”
(3) It is the case of petitioner that he was appointed as Assistant Accountant through outsourcing in Uttarakhand Forest Development Corporation w.e.f. 31.5.2023 and now his engagement is going to be discontinued without any rhyme or reason. (4) Mr. Rajesh Sharma, learned
2025:UHC:8065 Counsel appearing for Uttarakhand Forest Development Corporation, however, submits that since regularly selected candidates have joined in the post of Assistant Accountant, therefore, there is no vacancy available against which petitioner can be continued. This submission made by Mr. Rajesh Sharma is, however, disputed by Mr. Priyansh Mittal, learned Counsel for the petitioner, who submits that there are still some vacancy in the post of Assistant Accountant. He further submits that there are sufficient number of vacancies available in Group ‘D’ posts and petitioner was asked to indicate his willingness if he is ready to work in such vacancy and petitioner has also given his willingness to serve against a Group ‘D’ post, yet his engagement on the said post is not being considered. (5) Having regard to the facts of the case, writ petition is disposed of with a direction to Managing Director, Uttarakhand Forest Development Corporation to consider petitioner’s claim for his engagement on Group ‘D’ post, subject to petitioner making application for the same within two weeks from today.
If he makes such application within stipulated time, decision thereupon shall be taken, as per law, within four weeks thereafter. (Manoj Kumar Tiwari, J.)
11.9.2025 Pr
PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91 957BE53, cn=PRABODH KUMAR Date: 2025.09.11 18:23:30 +05'30'
2025:UHC:8065