Extracted from the PDF above. The PDF is authoritative.
2025:UHC:11288 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS
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Hon ’ble Man oj Ku m ar Tiw ar i, J.
Mr. Dushyant Mainali, Advocate, for the petitioner.
Mr. Narayan Datt, Standing Counsel, for the State.
(2) Petitioner was employed as Junior Engineer in a government com pany known as Hiltron. Hiltron was wound up in 2011, pursuant to the decision taken by the State Government and services of the petitioner was thereafter absorbed in Technical Education Department as Office Assistant in
2013. Petitioner has completed age of superannuation and retired from Technical Education Department in 2023. Petitioner contends that as per the absorption rules, he was entitled to protection of his pay at the tim e of his absorption in Technical Education Department, however pay protection was not given to him. He relies upon Rule 2(6) of absorption rules notified on 29.8.2019.
(3) Learned State Counsel submits that writ petition is hopelessly time barred; rules were enforced in 2019, while petitioner was absorbed as Office Assistant in 2013 and after retirement in 2023, he has filed this writ petition in 2025. Thus he submits that writ petition is barred by delay and laches.
(4) Learned Counsel for the petitioner submits that other sim ilarly situate employees were given the benefit of pay protection, while petitioner, despite representing all this while, was denied this
2025:UHC:11288 benefit.
(5) Having regard to the facts of the case, writ petition is disposed of with liberty to petitioner to make representation to the competent authority. If he makes representation within two weeks from today, decision thereupon shall be taken, one way or the other, as per law, within six weeks thereafter.
( Man oj Ku m ar Tiw ar i, J.)
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PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503 , postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F 3C91957BE53, cn=PRABODH KUMAR Date: 2025.12.17 16:36:40 +05'30'