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2025 DAILYLAW 17228 (UTT)

KAMAL SINGH GUSAIN AND OTHERS v. SECRETARY MEDICAL EDUCATION

WPSS/2194/2024 · 2025-12-12

Manoj Kumar Tiwari

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Judgment text

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2025:UHC:11124 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 1 9 4 / 2 0 2 4 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. M.C. Pant, learned counsel for the petitioners. 2. Mr. Ganesh Kandpal, learned Deputy Advocate General for the State of Uttarakhand. 3. Mr. Gaurav Nagpal, Advocate holding brief of Mr. Ramji Srivastava, learned counsel for the respondent – UKSSB. 4. Mr. Bhagwat Mehra, learned counsel for the Caveator. 5. Petitioners are serving as Pharmacist in Hemwati Nandan Bahuguna Base Teaching Hospital, Srinagar, Pauri Garhwal since last more than ten years. According to them, they were appointed against sanctioned vacant post, after due selection and there is no complaint or adverse material against them, therefore, after rendering long continuous satisfactory service, they have earned right to be considered for regularisation. 6. Since their claim for regularisation has not been considered, therefore, petitioners have approached this Court, seeking the following reliefs: - (i) Issue a writ, rule order or direction in the nature of mandamus commanding and directing the respondent to consider the absorption/ regularisation of the petitioners as regular employee on the posts of Pharmacist in Hemwati Nandan Bahuguna Base Teaching 2025:UHC:11124 Hospital, Srinagar, Garhwal with all consequential benefits. (ii) Issue a writ, rule order or direction in the nature of certiorari quashing the advertisement dated 19.10.2024 issued by respondent no. 6 as far as it relates to the posts against which petitioners are working (Annexure No. 8) to this writ petition. 7. Learned State Counsel submits that State Government has now come-up with amendment in the Regularisation Rules, vide notification dated 05.12.2025, wherein it is provided that any one engaged on contract, daily wage, part- time, etc., for ten years on or before 04.12.2018 would be eligible for regularisation. 8. Learned counsel for the petitioners submits that petitioners are serving continuously since 2011 and they have completed fourteen years of regular service, as Pharmacist, therefore, they cannot be left out from regularisation merely because they are not covered by Regularisation Rules. 9. This Court finds some substance in the submission made by learned counsel for the petitioners. After serving for nearly fourteen years, certainly petitioners have earned right to be considered for regularisation. 10. The writ petition is, accordingly, disposed of with liberty to petitioners to make representation to Secretary, Medical Health, Uttarakhand for their regularisation. If petitioners make such representation, Secretary shall consider the claim of all eligible persons for regularisation, including that of the petitioners, by constituting a Committee. The Secretary concerned is further 2025:UHC:11124 directed to consider setting apart certain number of vacancies on the post of Pharmacist in different Medical Colleges/ Teaching Hospitals for regularisation of existing employees serving on contract. This Court hopes and expects that this exercise shall be completed within six months. For a period of six months or till decision is taken, whichever is earlier, engagement of the petitioners shall not be disturbed. This Court has not interfered with the ongoing selection process, which may continue unabated. ( Man oj Ku m ar Tiw ar i, J) 12.12.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1 369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F46 10C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.12.14 20:23:23 -08'00'