2025:UHC:4688-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB/490/2016 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Mr. M.C. Pant, Advocate for the petitioner. 2. Mr. Puran Singh Bisht, Additional Chief Standing Counsel for the State of Uttarakhand / respondent nos. 1 & 3. 3. Mr. Ishwari Dutt Paliwal, Additional Chief Standing Counsel for the State of Uttar Pradesh / respondent no. 2. 4. This writ petition was filed by petitioner, in 2016, seeking the following reliefs:- “i. Issue writ rule or direction in the nature of Certiorari to quash impugned order dated 15-12- 2016 (Contained as Annexure No.1) along with its effect and operation also in view of the facts highlighted by the petitioner in the writ petition and further to prohibit the respondents to fill up the post of Deputy Director before settling the grievances of the petitioner by any means after calling the entire record from the respondents. ii. Issue writ rule or direction in the nature of mandamus to declare the petitioner as a employee of the state of Uttarakhand and direct to the respondent to consider his absorption in view of the recommendations made by the director vide its letter dated 01-12-2016 and in view of the facts highlighted in the body of the writ petition along with all consequential benefits of service or in alternate consider the case of the petitioner for absorption on the post of Principal of equivalent post keeping in view the facts highlighted in the body of the petition and further to direct the respondents to release the entire arrears of pay and other service benefits forthwith.” 5. Learned counsel for petitioner submits that the DPC convened vide letter dated 18.11.2016 was adjourned, and it was never held. 2025:UHC:4688-DB 6. Learned counsel for petitioner submits that petitioner be permitted to make representation regarding the relief as claimed in prayer no. 2. He further submits that petitioner completed age of superannuation, i.e. 60 years in 2021, and at the time of his retirement, he was serving in State of Uttarakhand. 7. Learned State Counsel, however, drew our attention to paragraph no. 3 of the counter affidavit filed by Mr. Shailesh Bagauli, Secretary, Department of Culture, Uttarakhand, where it is stated that originally, petitioner was an employee of an autonomous body, namely Bharatendu Natya Academy and he was taken on deputation in State of Uttarakhand as Assistant Director. 8. Be that as it may, since petitioner wants to make representation, highlighting his grievance, we dispose of the writ petition with liberty to him to make representation to the competent authority. If he makes representation within three weeks from today, decision thereupon shall be taken, as per law, within four months thereafter. (Subhash Upadhyay, .J.) (Manoj Kumar Tiwari, .J.) 09.06.2025 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=3be23325146e76a0642bdf4943fb90 46f487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103 819DA875643AF56D653D095C6ED9A86DAA B21CE5, cn=NAVEEN CHANDRA Date: 2025.06.10 12:10:52 +05'30' 2025:UHC:4688-DB