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2025 DAILYLAW 16073 (UTT)

ANIL SINGH v. STATE OF UTTARAKHAND

WPSS/1884/2025 · 2025-11-18

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:10200 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 8 4 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Deep Prakash Bhatt, Advocate for the petitioner. 2. Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel for the State of Uttarakhand. 3. According to the petitioner, Public Works Department invited applications for contractual appointment on the post of Junior Engineer; petitioner participated in the said selection and he was declared successful against a vacancy reserved for person with disability; petitioner was, however, given appointment only on 9.3.2018; while all other selected candidates were appointed on 12.6.2013 and due to this delay, petitioner has now been placed in the seniority list below the candidates, who were appointed earlier. 4. By means of this writ petition, petitioner has sought the following reliefs: - “i) Issue a writ, order or direction in the nature of certiorari quashing the office m emorandum Dated 30.10.2025 issued by the respondent authorities only to the extent effecting rights of petitioner and further directed to the respondent authorities to prepare the impugned list dated 30.10.2025 as per the merit list regarding continuation of his work profile. (Mention as Annexure No. 5 to the writ petition) ii) Issue a writ, order or direction in the nature of mandamus directing to the respondents to decide the representation of the present applicant as expediently as possible based on his appointment as per advertisem ent dated 24.01.2013 and to consider his experience on the basis of said advertisem ent. iii) Issue a writ, order or direction in the nature of mandamus directing to the respondents to grant relaxation to the petitioner while deciding representation as it was respondent departm ent who fault as mistakenly left the name of petitioner despite his name being place higher on m erit list 2025:UHC:10200 as admitted by the department earlier and because of their mistake of not doing correction on m erit list petitioner facing present consequences. 5. Learned State Counsel was asked to get instructions. Mr. Rajeev Singh Bisht, on instructions, submits that the seniority list of contractual Junior Engineers appointed in Public Works Department in 2013 and later years, is being prepared pursuant to direction given by Division Bench of this Court in Special Appeal No. 24 of 2025. He submits that the seniority of Junior Engineers appointed on contract would be relevant only for the purpose of regularisation and no other benefit would flow to the contractual employees based on their position in the seniority list. He further submits that 15 days time was given to all contractual Junior Engineers to file objection against the seniority list issued on 30.10.2025; petitioner has filed objection against the said seniority list, which is pending before the Chief Engineer. 6. Learned State Counsel assures that the issues raised by the petitioner in his objection, shall be considered and appropriately dealt with, before finalising the seniority list. 7. The writ petition is, accordingly, disposed of with the direction to the competent authority in State Public Works Department to consider the objection filed by petitioner against the tentative seniority list issued on 30.10.2025 and take decision as per law, before finalising the seniority list. ( Man oj Ku m ar Tiw ar i, J.) 18.11.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da8 2a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF 56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.11.18 17:43:17 +05'30'