2025:UHC:7818 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/2019/2022 Hon’ble Manoj Kumar Tiwari, J. Mr. Ishwari Dutt Paliwal, Advocate for the petitioner. Mr. N.S. Pundir, Deputy Advocate General for the State. 1. According to petitioner, he has served as Peon in the office of Executive Engineer, Rural Development Department, Rudrapur since 1998; however, neither his claim for regularisation is being considered nor he has been given minimum of pay scale as per the judgment rendered by Hon’ble Apex Court. 2. Learned State Counsel, however, submits that although petitioner was engaged as a daily wager in 1998 for discharging duties as a Peon, however, in view of the policy decision taken by State Government to declare the cadre of Group D employees as dying cadre vide Government Order dated 24.03.2011, petitioner was engaged through outsourcing w.e.f. 2013 and he is thereafter serving as outsourced employee. 3. Learned counsel for the petitioner, however, disputes the said statement made by learned State Counsel and submits that the contractor has been brought in for name sake only and in fact there is a direct relationship of 2025:UHC:7818 master and servant between petitioner and the State Government. 4. Admittedly, petitioner has served for more than 27 years in Rural Development Department. The only question is whether he is serving as outsourced employee, as contended by learned State Counsel or as a daily wager, who is directly paid wages by the department. 5. Since there is a dispute regarding status of the petitioner, which cannot be gone in a writ petition, therefore, this Court thinks that ends of justice would be met if competent authority in the department is asked to examine petitioner’s claim for minimum of pay scale and regularisation. 6. Accordingly, the writ petition is disposed of by permitting petitioner to make representation. If he makes representation to the competent authority within two weeks from today, decision thereupon shall be taken within four months thereafter. 7. Pending application(s), if any, stand disposed of. (Manoj Kumar Tiwari, J.) 02.09.2025 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=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a 92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D3 05B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.09.05 12:55:06 +05'30'