Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 5338 (UTT)

BHAWNA PANT v. STATE OF UTTARAKHAND

WPSS/577/2025 · 2025-04-22

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPSS No. 577 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Mukesh Kumar Kaparuwan, learned counsel for the petitioners. 2. Mr. Rajeev Singh Bisht, learned Additional C.S.C. for the State. 3. By the instant petition the petitioners are praying for the following relief: “i. Issue a writ, order or direction in the nature of mandamus directing respondents state to regularise the services of the petitioners on the post of Lab Technician in Veer Chandra Singh Garhwali Government Medical Science & Research Institute (VCSGGMS & RI), Srinagar District Pauri Garhwal as one time measure in terms of the Hon’ble Court order dated 17.04.2018 passed in WPSS No. 154 of 2017.” 4. Learned counsel for the petitioners submits that in view of the judgment passed by the Coordinate Bench dated 17.04.2018 passed in two writ petitions i.e. WPSS No. 154 of 2017 and WPSS No. 155 of 2017 in respect of the interveners the directions have been issued to the State Government to consider their case independently as one time measure as that would be in terms of the exception created by the Hon’ble Apex Court in Uma Devi case. 5. Learned counsel for the petitioners submits that for the purposes of compliance of this order a committee was constituted and the committee submitted its report on 28.09.2024 but despite the report of the committee the respondents have not take a final decision on the claim of the petitioners for regularization. He submits that it is apparently an inaction on the part of the respondents, therefore, a mandamus be issued to the respondents to take a final decision on the claim of the petitioners for regularization. 6. Undisputedly, the Coordinate Bench of this court by the aforesaid judgment issued a positive direction to the respondents and in such an eventuality, the respondents are under legal obligation to decide the claim of the petitioners, who were the interveners in the aforesaid proceeding and if the respondents are sleeping over the matter this is apparently a great inaction on their part. 7. Therefore, the present writ petition is disposed of finally with the direction to respondent no. 1 to consider the claim of the petitioner in the light of direction issued by the Coordinate Bench dated 17.04.2018 passed in WPSS No. 154 of 2017 and WPSS No. 155 of 2017 particularly keeping in view the observation and the direction of the Coordinate Bench in paragraphs 26 and 57 of the aforesaid judgment. 8. The entire exercise shall be completed within a period of one month from the date of production of certified copy of this order. 9. It is also made clear that while deciding the claim of the petitioners for regularization the respondent no. 1 shall pass a very reasoned and speaking order strictly as per the mandate of the order passed by the Coordinate Bench dated 17.04.2018. (Rakesh Thapliyal, J.) 22.04.2025 PR