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2025 DAILYLAW 12222 (UTT)

BHAGWATI PRASAD UNIYAL v. STATE OF UTTARAKHAND

WPSS/1662/2025 · 2025-10-13

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:9056 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 1662/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. H.M. Raturi, Advocate, for the petitioner. Mr. N.K. Papnai, Standing Counsel, for the State. Mr. Pankaj Chaturvedi, Advocate, for the respondent no. 2 and 3. (2) According to petitioner, he is serving as Driver on daily wages in Uttarakhand Jal Sansthan, New Tehri continuously since 1.11.1997, however his claim for regularisation has not been considered so far. It is submitted that petitioner has served for 28 long years in Uttarakhand Jal Sansthan and there is no complaint or adverse material against him and all authorities are satisfied with his work and performance, therefore petitioner has earned vested right to be regularised in service and authorities be directed to consider and regularise him in service, as per applicable regularisation rules. (3) Per contra, Mr. Pankaj Chaturvedi, learned Counsel appearing for Uttarakhand Jal Sansthan, submits that no one can claim right to be regularised and only right petitioner has earned is right to be considered for regularisation, as per the applicable regularisation rules. He submits that State Government framed Regularisation Rules in 2011, which were replaced by another set of rules framed in 2013; that 2013 Rules was stayed by Division Bench but subsequently by judgment dated 22.2.2024, rendered in WPSB No. 616 of 2018, 2013 Rules were 2025:UHC:9056 modified and it was provided that after 4.12.2018, 10 years’ period will be taken into consideration for regularisation. (4) Mr. Pankaj Chaturvedi, learned Counsel appearing for Uttarakhand Jal Sansthan, concedes that regularisation rules framed by State of Uttarakhand are applicable to employees of Jal Sansthan also. (5) Learned Counsel for the petitioner submits that petitioner’s claim was considered by Executive Engineer, Jal Sansthan, Tehri and recommendation was made to regularise him in service vide letter dated 28.5.2024, however Chief General Manager is sitting tight over the matter and no decision has been taken in the matter so far. (6) Since petitioner’s name has been recommended for regularisation and the matter is now pending before Chief General Manager, therefore, writ petition is disposed of with a direction to Chief General Manager to consider the recommendation made by Executive Engineer concerned and pass necessary orders regarding regularisation in respect of the petitioner within six weeks from the date of production of certified copy of this order. (Manoj Kumar Tiwari, J.) 13.10.2025 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=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.10.14 10:20:00 +05'30' 2025:UHC:9056