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2026 DAILYLAW 2075 (UTT)

OM PRAKASH RAWAT v. STATE OF UTTARAKHAND

WPSS/2321/2025 · 2026-04-02

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:2356 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 2311/2025 WPSS 2312/2025 WPSS 2313/2025 WPSS 2314/2025 WPSS 2315/2025 WPSS 2316/2025 WPSS 2317/2025 WPSS 2318/2025 WPSS 2319/2025 WPSS 2321/2025 WPSS 2325/2025 WPSS 2326/2025 WPSS 2332/2025 WPSS 2335/2025 WPSS 2340/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Dr. Kartikey Hari Gupta and Syed Kashif Jafri, Counsel for the petitioners. Mr. Ganesh Datt Kandpal, Additional AG, with Mr. Pradeep Hairiya, Standing Counsel, for the State. Mr. C.S. Rawat, Advocate, for the respondent no. 2. (2) Since the issue involved in all these writ petitions is identical, therefore, these are being heard and decided together by this common judgment. However, for brevity, facts of Writ Petition (S/S) No. 2311of 2025 alone are being considered and discussed here. (3) Petitioner was engaged as Scientific Assistant in Uttarakhand State Council for Science and Technology in the year 2012 and he was regularised vide order dated 1.6.2022. By means of this writ petition, petitioner has sought the following reliefs: “i. A Writ Order or Direction in the nature of Mandamus directing the 2026:UHC:2356 respondents to grant the service benefits, which are given to a regular employee, (dearness allowance, annual increment, seniority benefits, earned leave benefits, gratuity benefits, assured career progression or any other benefit) to the petitioner from the date of joining in the respondent no. 2 Department. ii. A Writ Order or Direction in the nature of Mandamus directing the respondents to decide the representation of the petitioner dated 01.07.2025, 09.10.2025 and 22.11.2025 (Annexure No. 8).” (4) Learned Counsel for the petitioner submits that since petitioner was engaged as Scientific Assistant in 2012, therefore, he is entitled to have his entire service counted for the purpose of seniority, pay fixation, increment, earned leave, etc. In other words, it is contended that services rendered before regularisation have to be treated as regular service for all service benefits. (5) Learned Counsel appearing for respondent no. 2, however, refers to judgment rendered by Division Bench of this Court in WPSB No. 577 of 2025, whereby writ petition filed by one Mr. Subhash Negi, who was initially appointed as Manager (Marketing) on contract and was regularised in 2022 along with petitioner, was dismissed. Learned Counsel for the respondent no. 2 thus submits that since the relief claimed by the petitioner is identical and pleadings are also same, therefore, this writ petition also deserves to be dismissed in terms of the judgment rendered by Division Bench in WPSB No. 577 of 2025. 2026:UHC:2356 (6) This Court finds substance in the submission made by learned Counsel for the respondent no. 2. Since similar relief was sought by Mr. Subhash Negi in WPSB No. 577 of 2025 and he lost before the Division Bench, therefore, petitioners, who are seeking similar relief, cannot be granted any benefit as claimed in the writ petition. These writ petitions are, accordingly, decided in terms of the judgment dated 26.2.2026, rendered by Division Bench of this Court in WPSB No. 577 of 2025. (Manoj Kumar Tiwari, J.) 2.4.2026 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957B E53, cn=PRABODH KUMAR Date: 2026.04.02 18:03:25 +05'30' 2026:UHC:2356