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2025 DAILYLAW 15530 (UTT)

PRIYANKA KANDPAL v. STATE OF UTTARAKHAND

WPSS/1874/2024 · 2025-11-11

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:9950 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PSS/ 1 8 7 4 / 2 0 2 4 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. Sanjay Bhatt, learned counsel for the petitioner. 2. Mr. N.S. Pundir, learned Deputy Advocate General for the State of Uttarakhand. 3. Petitioner is serving on contract as Computer Programmer in Government Polytechnic, Bhimtal, Nainital since 2011, however, his claim for regularisation has not been considered so far, even though she has put in continuous 14 years of satisfactory service. 4. By means of this writ petition, petitioner has sought a direction to the Competent Authority to regularise her services. 5. Learned State Counsel, however, submits that petitioner has not served continuously and she was asked to perform duties as and when required. He submits that total service put in by petitioner as yet is six years & seven months. 6. Learned counsel for the petitioner, however, has drawn attention of this Court to an order dated 17.10.2024 passed in WPSB No. 281 of 2019 in which a Division Bench of this Court had provided that the period during which petitioners in that batch of writ petitions remained out of employment, will not be taken as break in service. He, thus, 2025:UHC:9950 submits that because of that order passed by Division Bench of this Court, entire period between 2011 till the date petitioner’s claim is considered for regularisation, has to be treated as in service. 7. Having regard to the facts and circumstances of the case, the writ petition is disposed of with liberty to petitioner to approach the Competent Authority by making a representation. If she makes such representation within two weeks, claiming regularisation, the Competent Authority shall examine petitioner’s claim and if it is found that petitioner is eligible to be considered for regularisation then he shall constitute a Regularisation Committee, which shall consider petitioner’s case for regularisation, as per law, within three months thereafter. This Court hopes and expects that entire exercise shall be completed within six months from the date of presentation of certified copy of this order. For a period of six months or till regular appointment, if any, petitioner engagement shall not be discontinued. ( Man oj Ku m ar Tiw ar i, J) 11.11.2025 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=eacc6757ee7881e933ff8934f07477005aa85f980 2a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C 22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.12 03:49:48 -08'00' 2025:UHC:9950