2025:UHC:3440-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS SPA/291/2017 With SPA/808/2017 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. 1. None present for the appellant in SPA No. 291 of 2017. 2. Mr. Sandeep Kothari, learned counsel for the appellant in SPA No. 808 of 2017. 3. Mr. D.S. Bora, learned Standing Counsel for the State of Uttarakhand. 4. Ms. Sonia Chawla, Advocate holding brief of Mr. Shivangi Gangwar, learned counsel for respondent nos. 2 & 3 in SPA No. 808 of 2017. 5. These intra-court appeals have been filed by the employee as well as employer challenging the judgment dated 08.05.2017 passed by learned Single Judge in WPSS No. 88 of 2013. The impugned judgment is reproduced below:- “Petitioner was appointed on daily wage basis in the year 2002. He claims that he became eligible for regularization. According to the averments made in the writ petition, the petitioner was not regularized but he was called on 15.01.2013 to sign a contract/agreement with the employer. The petitioner under some misconception did not enter into the contract/agreement with the employer. This Court directed the petitioner to submit the contract/agreement to the employer, pursuant to the order dated 15.01.2013. Petitioner had already submitted 2025:UHC:3440-DB the contract/agreement to the employer. However, a fresh agreement till date has not been entered into with the employer. In the meantime, petitioner was also permitted to join his duties on 27.09.2013 on contractual basis. Petitioner, though, was permitted to join the duties on 27.09.2013 but has not been paid the minimum of Pay Scale. The petitioner was entitled to the same benefits privileged, which have been given to the juniors of the petitioner. Accordingly, the writ petition is allowed. Impugned order dated 27.02.2013 is quashed and set-aside. Respondents are directed to grant the minimum of Pay Scale to the petitioner from the date his juniors were granted. In equity and fair play, the respondents are also directed to enter into an agreement with the petitioner, as per order dated 15.01.2013 and to permit him to discharge his duties as Assistant Accountant. The period between 15.01.2013 to 27.09.2013 is condoned. Petitioner shall not be terminated, save in accordance with law” 6. Employee (petitioner before the writ court) contends that he was engaged as daily wager in Uttarakhand State Seed & Organic Production Certification Agency, w.e.f. September, 2001, on a sanctioned post of Assistant Accountant, and since then he has served continuously without any break whatsoever, therefore, he is entitled to be considered for regularisation under the Regularisation Rules, 2013, framed by the State Government, which have been adopted by the Employer Organisation. Thus, he submits that the impugned judgment is liable to be modified and the Competent Authority deserves to be directed to consider writ petitioner’s claim for regularisation. 7. The employer has challenged the impugned judgment on the ground that 2025:UHC:3440-DB service of respondent employee was not continuous and there was break in service between 15.01.2013 to 27.09.2013. Thus, it is contended that the writ petitioner was reappointed after 27.09.2013. 8. We have gone through the impugned judgment and perused the other material on record. We do not find any reason to interfere with the direction issued by learned Single Judge to condone the period of absence between 15.01.2013 to 27.09.2013. 9. Having regard to the facts and circumstances of the case, we modify the impugned judgment and direct the Competent Authority to consider the case of the writ petitioner (Keshar Singh Rawat) for regularisation, as per Regularisation Rules, 2013, within six months from the date of production of certified copy of this order. The Competent Authority shall also examine as to whether writ petitioner can be given benefit of regularisation w.e.f. 07.02.2014, when other persons, allegedly junior to him, were regularised. 10. With the aforesaid direction, the special appeals stand disposed of. (Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 05.05.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A5853 1726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.05.07 14:23:52 -07'00' 2025:UHC:3440-DB