IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE MR. MANOJ KUMAR TIWARI, J. HON’BLE MR. ASHISH NAITHANI, J SPECIAL APPEAL No.290 of 2021 State of Uttarakhand and others …Appellants Versus Rakesh Chandra …Respondent Counsel for the appellant/State Counsel for respondent : Mr. K.N. Joshi, learned DAG. Mr. M.C. Kandpal, learned senior counsel. JUDGMENT : (PER HON’BLE MR. MANOJ KUMAR TIWARI. J) This intra court appeal is directed against judgment and order dated 13.10.2020, passed by learned Single Judge in WPSS No.454 of 2018. The operative portion of the impugned judgment as follows:- “Accordingly, the writ petition is allowed. Respondent/competent authority is directed to regularized the services of the petitioner in the light of length of service rendered by him in the department and shall pay the salary to him. Said exercise be completed by the respondent/competent authority within a period of three months from the date of receipt of the certified copy of this Court” 2. Learned counsel for the appellant submits that writ court erred in directing the authorities to regularize the services of petitioner and at best writ court could have directed the competent authority to consider claim 1 of the writ petitioner for regularization as per applicable Service Rules. 3. This Court finds substance in the said submission. Since State of Uttarakhand has framed Regularization Rules in 2013, and according to learned senior counsel appearing for the respondent/writ petitioner, respondent is serving as daily wager since 01.10.2001, therefore, instead of directing the authorities to regularize the services of respondent, the proper course for the writ court would have been to direct the competent authority to consider the claim of respondent for regularization as per the applicable Rules. 4. We accordingly modify the impugned judgment and order dated 13.10.2020, and direct the respondent no.2/Engineer-in-Chief, Public Works Department to consider claim of writ petitioner (respondent herein) for regularization as per the applicable Rules, within a period of two months from the date of receipt of a certified copy of this order. 5. In view of above, special appeal is disposed of. MANOJ KUMAR TIWARI. J. ASHISH NAITHANI, J. Dt:25th April, 2025 NR/ 2