2025:UHC:6142-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/520/2019 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Mr. M.C. Kandpal, Senior Advocate assisted by Mr. Devesh Kandpal, Advocate for the petitioners. 2. Mr. Devendra Singh Bohra, Standing Counsel for the State. 3. By means of this writ petition, petitioner has sought the following reliefs:- “i) Issue a writ, order or direction in the nature of certiorari to quash the order dated 12.07.2019 passed by respondent no.2, Cane & Sugar Commissioner, Uttarakhand, Kashipur, whereby the authorities have treated the petitioner appointment and promotion as adhoc in nature. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to replace the word ‘adhoc’ from the service record of the petitioner with the word ‘regular/permanent’ and treat all his subsequent service benefits as the same.” 4. Petitioner was appointed as Junior Engineer in Antar Gramin Sadak Nirman Yojana’ floated by the Cane Department of the State Government on 14.06.1990. Petitioner completed age of superannuation on 30.11.2023. 5. Learned senior counsel appearing for the petitioner submits that Antar Gramin Sadak 2025:UHC:6142-DB Nirman Yojana was introduced by the State Government in the year 1972 with a view to help the cane growers transport sugarcane from their fields to the nearest sugar mills. 6. He further submits that petitioner was appointed as adhoc employee and also retired as adhoc employee even after rendering more than 33 years of service. He further submits that during his tenure, petitioner was promoted as Assistant Engineer and thereafter as Executive Engineer, which position he held till his retirement. 7. He further submits that after rendering continuous satisfactory service of 33 years, petitioner has earned a right to get pension, however, pension is being denied to him on the ground that his status was that of an adhoc employee. 8. Learned State Counsel, per contra, submits that in the appointment order issued to the petitioner in 1990, it is mentioned that his status will be that of an adhoc employee and further that his appointment is not against a post under the State Government. He submits that there is no assurance given to the petitioner that he will get pension or other retiral dues. 9. Learned State Counsel further submits that the services in Antar Gramin Sadak Nirman Yojana is non-pensionable and no pension contribution is deducted from the employees, therefore, the grievance raised by the petitioner against non-grant of pension, is without any substance. 10. He further submits that petitioner had made a representation for expunging the 2025:UHC:6142-DB expression ‘adhoc’ from his appointment order and the said representation was considered and rejected by the Cane Commissioner by a detailed order dated 12.07.2019. He submits that the reasons assigned by the Cane Commissioner in the rejection order fully explain the position and there is no illegality or infirmity in the impugned order, which may warrant interference of this Court. 11. We find substance in the submissions made by learned State Counsel. 12. Since petitioner accepted employment as Junior Engineer in Antar Gramin Sadak Nirman Yojana with eyes wide open that his status will be that of an adhoc employee and there is no provision for regular appointment in the said Yojana, therefore, the petitioner cannot have a legitimate grievance that he has been subjected to hostile discrimination. There is no provision which can be pressed into service for granting regular status to the petitioner. Thus, the relief as claimed cannot be granted to the petitioner. 13. In view of aforesaid discussion, writ petition fails and is dismissed. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 15.07.2025 15.07.2025 Rajni RAJINI GUSAI N Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db 48448ac3701a9ae475a2547e4b7f1 d9b1f17d01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A22 22B4DF4FC80D4557562F95BEBA01 3F530616A158A0A878BD8, cn=RAJINI GUSAIN Date: 2025.07.15 23:13:03 -07'00'