Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
MCC No.10 of 2025 (Time Extension Application) In WPSS No.1475 of 2024 Hon’ble G. Narendar, C.J. Hon’ble Alok Mahra, J.
Mr. Aditya Singh, Advocate for the petitioners. Mr. S.M.S. Mehta, Brief Holder for the State of Uttarakhand. 2. This Time Extension Application has been filed by the petitioner no.8, whereby petitioner no.8 has sought one week’s time for filing representation before the Secretary, Public Works Department, Dehradun. 3. This Court vide order dated 11.06.2025 directed the Secretary, P.W.D. to separately consider the individual claims of all the petitioners for regularization on the post to which they have been engaged and continued to be engaged on contractual terms. Paragraph no.7 of the said order is reproduced below:
“7. In that view, we are of the view that it would be appropriate to direct the Secretary, PWD to separately consider the individual claims of all the petitioners for regularization on the post to which they have been engaged and continued to be engaged on contractual terms. In that view, the special appeals and the writ petitions are hereby disposed of with the following directions:- (i). Every petitioner shall submit an individual representation setting out, in detail, the merits of his claim and shall also enclose necessary certificates in support of his eligibility to be considered for the post. (ii). The claim petition shall include the details such as; (a) regarding the date of appointment, (b) in the event, any selection process was undertaken by the authorities (in the course of engaging the services on contractual basis) the details of such process/procedure, (c) the details of the breaks (the detail of the break shall detail the number of days, months or years, the petitioner was out of service), (d) the date of discontinuance and
the date of reappointment shall be stated. (iii). The petitioners shall submit their respective representation within 15 days from the date to be calculated from the date of receipt of copy of this order. At the latest, the representation shall be submitted to the first respondent on or before 30.06.2025 by 5:30 p.m. (iv).
Thereafter, the first respondent shall examine the representations individually and, thereafter, draw up a list assigning seniority to the petitioners and some of the criteria for assessing and drawing up the seniority list are as follows:- (a) The date of entry in the service. (b) The total length of service, excluding the number of days/weeks/months that the petitioners were actually out of service. (v). Thereafter, the first respondent shall, on the basis of the criteria stated (supra) and also appreciate the 2013 Rules and, thereafter, pass orders on each representation, holding them eligible or not, for regularization. The first respondent shall not take into consideration, the removal from the post of certain of the petitioners post the modification of the interim orders dated 10.01.2025 & 04.03.2025, for the purpose of calculating the length of service. The service rendered or failure to render service post 10.01.2025 shall not be factored in by the first respondent while calculating the length of service. The first respondent shall not be influenced by any of observations made in any of the orders passed by this Court, either sitting singly or in division and the case of each petitioner shall be considered on the individual merits. It is further made clear that in the event of any of the petitioners’ services being regularized and it is found that he has been removed only due to the modified interim order, then the period from 10.01.2025 shall be counted as a period spent on duty. (vi). The first respondent shall consider the case of the petitioners not only in respect of the existing vacancies, but also the vacancies that may come up in the next six months. It is made clear that all those who have been given charge of promotional post or a post higher in rank of J.E. for regularization, shall be eligible for regularization only in the post of J.E. It is made clear that the candidate applying for regularization, shall be from amongst the list of names of 229 persons furnished by learned Addl.
A.G. i.e. the list compiled pursuant to the order dated 01.04.2025 in SPA No.24 of 2025 in the matter of Ajay Panwar and others Vs. State of Uttarakhand and others. (vii). Prior to regularization, the first respondent shall, in consultation with the Government, also formalize the service benefits that the State would extend pursuant to the order of
regularization.”
4. In paragraph 7(iii) of the judgment, it was
directed that the petitioners shall submit their respective representations within fifteen days from the date of receipt of the certified copy of this order, and in any event, the representations must be submitted to the first respondent no later than 30.06.2025 by 5:30 p.m.
5.
Learned counsel appearing for petitioner no. 8 submits that the petitioner was afflicted with Enteric Fever and consequently was hospitalized, with medical advice mandating complete bed rest from 12.06.2025 to
05.07.2025. Due to the aforesaid medical condition, petitioner No. 8 was unable to comply with the time frame for submission of the representation as directed by this Court. To substantiate this claim, the petitioner has annexed medical documents along with the application.
6. In light of the submissions advanced by learned counsel for petitioner No. 8, and upon perusal of the affidavit filed in support of the application for extension of time, this Court is inclined to allow the said application. Petitioner No. 8 is hereby granted an extension of time of one week from the date hereof to submit his representation, which shall be duly considered by the first respondent in accordance with the directions issued by this Court vide order dated
11.06.2025.
7. The time extension application stands disposed of accordingly.
(Alok Mahra, J.) (G. Narendar, C.J.) 06.11.2025
06.11.2025 Arpan