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2025 DAILYLAW 9459 (UTT)

HEMANT FULARA v. CHIEF GENERAL MANAGER

WPSS/1240/2025 · 2025-09-12

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:8132 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1240/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Sanjay Bhatt, learned counsel for the petitioners. 2. Mr. Pankaj Chaturvedi, learned counsel for the respondents. 3. Mr. Neeraj Garg, learned counsel for the respondent-UPNL. 4. Petitioners were engaged on daily wage as Junior Engineer in Uttarakhand Jal Sansthan, against available vacancies, in the years 2010, 2011 & 2015, respectively. According to petitioners, after serving for more than a decade, they are entitled for regularisation of service, however, instead of regularising them, vacancies were notified to the Uttarakhand Public Service Commission. It is further their case that even though the candidates selected by Uttarakhand Public Service Commission have joined, yet there are several vacancies on the post of Junior Engineer, which are still available against which petitioners can be accommodated. 5. Mr. Sanjay Bhatt, learned counsel appearing for petitioners submits that other similarly situate persons, who were appointed as Junior Engineer on contract basis along with petitioners, have been retained in service, however, petitioners have been told that their engagement cannot be continued any further; thus, he submits that petitioners are being treated unfairly, as similarly situate 2025:UHC:8132 persons are permitted to continue, therefore, petitioners be also permitted to continue. 6. This Court finds substance in the submission made by learned counsel for the petitioners. If vacancies are available and Uttarakhand Jal Sansthan has permitted other similarly situate persons to continue on contract, then petitioners may also be permitted to continue on contract. 7. Accordingly, the writ petition is disposed of with a direction to Chief General Manager, Uttarakhand Jal Sansthan to consider the claim of the petitioners for further engagement, as was granted to other similarly situate persons. (Manoj Kumar Tiwari, J) 12.09.2025 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=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A585317 26FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.09.12 08:00:52 -07'00' 2025:UHC:8132