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2025 DAILYLAW 16803 (UTT)

PREM SINGH BISHT AND OTHER v. STATE OF UTTARAKHAND

WPSS/2367/2023 · 2025-12-12

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:11122 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/ 2 3 6 7 / 2 0 2 3 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Sanjay Bhatt & Mr. Prem Prakash Bhatt, Advocates for the petitioners. 2. Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel for the State of Uttarakhand/ respondent no. 1. 3. Mr. Rajesh Sharma, Advocate for the Uttarakhand Forest Development Corporation. 4. Petitioners are serving as cook in Uttarakhand Forest Development Corporation for the last more than 10 years. According to them, only 2 out of 40 petitioners were engaged through outsourcing and all other were directly engaged on daily wages. 5. The grievance raised by the petitioners is that even after serving for more than a decade, their claim for minimum of pay scale is not being considered. Another grievance raised by the petitioners is that even though they have earned a right to be considered for regularisation, the said right is also not being considered. 6. The reliefs sought in the writ petition are as follows: - “i. Issue a writ, order or direction in the nature of mandamus directing the respondents to consider claim of Petitioners for regular status in the Respondent corporation against the vacant posts occupied by the Petitioners 2025:UHC:11122 w.e.f. the date of their initial engagement and pay the consequential benefits. ii. Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the salary and other allowances to the Petitioners at par to the regular group "D" employees of the corporation in the principle of "equal pay for equal work" along with dearness allowance and arrears, till the Petitioners are given regular status.” 7. Having regard to the pleadings made and the relief sought for, this Court thinks that ends of justice would be met, if petitioners are permitted to make separate representation(s) before the competent authority, highlighting their grievances. 8. The writ petition is, accordingly, disposed of with liberty to petitioners to make separate representation(s). If such representation(s) is made within three weeks from today, competent authority shall examine the claim of the petitioners and take decision, as per law, within four months thereafter. ( Man oj Ku m ar Tiw ar i, J.) 12.12.2025 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=3be23325146e76a0642bdf4943fb9046f487d f006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA8 75643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.12.12 17:41:59 +05'30'