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2026 DAILYLAW 221 (UTT)

RIKESHWAR PRASAD BHATT v. STATE OF UTTARAKHAND

WPSS/1302/2023 · 2026-02-24

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:1233 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/687/2023 With WPSS/1302/2023 Hon’ble Manoj Kumar Tiwari, J. Mr. Shobhit Saharia, Advocate for the petitioners. Mr. Narayan Dutt, Standing Counsel for the State. 2. Petitioners were engaged as Data Entry Operator through outsourcing agency in different Tehsils of District Tehri Garhwal. 3. According to the petitioners, most of them were engaged before 04.12.2008 and they served continuously till 31.03.2023 and were paid remuneration directly by State Government since September, 2021, therefore they are eligible for regularisation under the Regularisation Rules, 2013, as amended in 2025. 4. Learned counsel for the petitioners submits that although petitioners were arbitrarily disengaged from service w.e.f March, 2023, however, facts remains that petitioners earned right to be considered for regularisation much before their disengagement, therefore, that right of theirs cannot be denied under the pretext that they 2026:UHC:1233 are no more in service. 5. Learned State Counsel, however, submits that petitioners were outsourced through M/s BIITS Computers Limited and thereafter they were engaged through M/s TDS Management Consultant Private Limited. 6. Learned State Counsel, however, does not dispute the contention raised on behalf of the petitioners that since September, 2021, petitioners were paid remuneration directly by the State Government. 7. Admittedly, State Government has framed Rules for regularisation. Petitioners after serving for more than a decade have earned a right to be considered for regularisation. Therefore, it would be in the fitness of things that the competent authority be directed to examine petitioners’ claim for regularisation. 8. The writ petitions are, accordingly, disposed of with liberty to petitioners to make representation to the competent authority for their regularisation. If petitioners make such representation within two weeks from today, the competent authority shall examine petitioners’ claim for 2026:UHC:1233 regularisation and if it is found that petitioners are eligible for regularisation, then their names shall be sent to the Regularisation Committee for undertaking further necessary exercise, as per the Rules. 9. This Court hopes and expects that necessary order shall be passed by the competent authority after completing the exercise within four months, without being influenced by order dated 29.03.2023 and other consequential orders, whereby their engagement was discontinued. (Manoj Kumar Tiwari, J.) 24.02.2026 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2026.02.24 17:35:58 +05'30'