Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 13816 (UTT)

JATIN RANA v. STATE OF UTTARAKHAND

WPSS/2474/2024 · 2025-09-19

Manoj Kumar Tiwari

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:8417 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/2474/2024 Hon’ble Manoj Kumar Tiwari, J 1. Ms. Abhilasha Tomar, learned counsel for the petitioners. 2. Mr. Ganesh Kandpal, learned Deputy Advocate General with Mr. N. Dutt, learned Standing Counsel & Mr. Mohit Maulekhi, learned Brief Holder for the State of Uttarakhand. 3. Mr. Pankaj Miglani, learned counsel for respondent no. 5. 4. Petitioners were engaged as Junior Engineer on contract through outsourced agency in Panchayati Raj Department. According to them, they are still working as such on the post of Junior Engineer. 5. By means of this writ petition, petitioners have sought the following reliefs:- (i) Issue a writ order or direction in the nature of Certiorari quashing the impugned letter dated 11.12.2024 (Annexure No. 6) whereby in para- 3 of the letter that “It is informed regarding the personnel earlier sponsored on the post of Junior Engineer through outsourced agency Environment & Public Welfare Committee/P.E.J.K.S./U.P.N.L./other agencies, such Junior Engineers were given deployment till 11 months or until further orders, whichever occurs earlier and at present 41 Junior Engineers are employed in the department. Hence in such situation, the services of all outsourced personnel sponsored on the post of Junior Engineers will be automatically deemed to be terminated from 1.1.2025. (ii) Issue a writ order or direction in the nature of mandamus commanding and directing the 2025:UHC:8417 respondent no. 1 to 6 to consider regularization of the petitioners in the said post of Junior Engineer (Civil) under the light of the judgment dated of this Hon’ble High Court of Uttarakhand in WPPIL 116 of 2018” Kundan Singh Vs. State of Uttarakhand” and order/judgment dated 15.10.2024 in SLP(C) No. 2388 of 2019 “State of Uttarakhand vs. Kundan Singh” (Annexure No. 7) (iii) Issue a writ order or direction in the nature of mandamus commanding and directing the respondent no. 1 to 6 to not disturb the services of the petitioners as Junior Engineer (Civil) in Zila Panchayat, Rudraprayag (qua petitioners 1 &2) and Zila Panchayat Pauri (qua petitioner no. 3). 6. Office report indicates that writ petition was filed in the Registry on 30.12.2024, but defects have not been cured so far. 7. Learned State Counsel submits that there were 61 sanctioned posts of Junior Engineer in Panchayati Raj Department against which 16 were serving as regular Junior Engineer; 41 were selected and appointed through Commission; and 4 vacancies on the post of Junior Engineer were filled by promotion. Thus, he submits that there is no vacancy available on the post of Junior Engineer. 8. Law is well settled that a causal/contract employee has no right to the post and he is engaged by way of a stopgap arrangement. In the absence of any Statutory Rules, petitioners do not have any vested right of regular appointment or regularisation. 9. Learned State Counsel has placed reliance upon a judgment rendered by this Court in Writ Petition (S/S) No. 2130 of 2023 and submitted that since identical issue has been decided, therefore, this petition be also decided in 2025:UHC:8417 terms of the judgment rendered in the said writ petition. 10. In such view of the matter, this petition is decided in terms of the judgment dated 12.09.2025 rendered in Writ Petition (S/S) no. 2130 of 2023. . (Manoj Kumar Tiwari, J) 19.09.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.09.19 06:54:13 -07'00'