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2025 DAILYLAW 17522 (UTT)

BHUPENDRA PATHAK v. STATE OF UTTARAKHAND

WPSS/2207/2025 · 2025-12-16

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:11239 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 2 0 7 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Sanjay Bhatt & Mr. Prem Prakash Bhatt, Advocates for the petitioner. 2. Mr. Dinesh Bankoti, Brief Holder for the State of Uttarakhand/ respondent no. 1. 3. Mr. Vipul Sharma, Advocate for respondent nos. 2 & 3. 4. Petitioner was appointed on contract as clerk in Uttarakhand Agriculture Marketing Board w.e.f. 26.07.2005 and he is thereafter serving continuously as such; according to him, his status was changed from contract employee to outsourced employee in 2008, however, his status as contract employee was restored back on 29.09.2015. 5. By means of this writ petition, petitioner has sought the following relief: - “i. Issue a writ, order or direction in the nature of mandamus directing the respondents to consider the claim of Petitioner for regularization on class II post occupied by him since 27.07.2005 and given him regular status with all consequential benefits which are given to the similarly situated persons pursuant to regularization rules of 2011 and 2013.” 6. Learned counsel for the petitioner submits that since petitioner has served for two decades, therefore, right to be considered for regularisation cannot be 2025:UHC:11239 denied to him. He further submits that the State Government has also framed Rules for regularisation of contract/ daily rated employees and petitioner is entitled to be regularised under the said Rules. 7. Learned counsel appearing for respondent nos. 2 & 3 submits that services rendered by the petitioner are not continous, inasmuch as, he was disengaged from service in 2007, although, he concedes that petitioner was subsequently re-engaged on the intervention of the State Government as outsourced employee. 8. Be that as it may, since petitioner served for two decades, therefore, this Court finds substance in the submission made by learned counsel for the petitioner that petitioner has now earned a right to be considered for regularisation under the applicable rules. 9. The writ petition is, accordingly, disposed of with a direction to respondent no. 2 to consider petitioner’s claim for regularisation, as per rules, by constituting a regularisation committee. Such committee shall be constituted within ten days from receipt of certified copy of this order and based on the recommendation of the committee, necessary orders shall be passed by the respondent no. 2, within six weeks thereafter. ( Man oj Ku m ar Tiw ar i, J.) 16.12.2025 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=3be23325146e76a0642bdf4943fb9046f487 df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA 875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.12.17 10:27:33 +05'30'