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2026 DAILYLAW 3149 (UTT)

PRAKASH CHANDRA PANDEY v. STATE OF UTTARAKHAND

WPSS/913/2024 · 2026-04-16

Manoj Kumar Tiwari

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:2718 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/913/2024 Hon’ble Manoj Kumar Tiwari, J. Ms. Indu Sharma, Advocate for the petitioner. 2. Mr. G.S. Negi, Additional Chief Standing Counsel for the State of Uttarakhand. 3. Mr. Neeraj Garg, Advocate for the UPNL/respondent no. 4. 4. Petitioner was engaged on contract for discharging duties as Junior Clerk in the Office of District Information Officer, Nainital in the month of January, 2013. He is aggrieved by his disengagement w.e.f. 30.11.2023. The reason for petitioner’s disengagement, as culled out from Annexure-4 to the writ petition, is that the vacancy on the post of Junior Assistant in District Information Office has been supplied by regular appointment w.e.f. 30.11.2023, therefore, there is no vacancy available against which petitioner can be permitted to continue. 5. Learned counsel for the petitioner submits that there is one vacancy on the post of Junior Assistant still available in District Information Office, Nainital against which petitioner can be accommodated. She further submits that in other district also, sufficient number of vacancies are available, in the Office of District Information Officer, therefore, petitioner’s disengagement w.e.f. 30.11.2023 is unjust and unreasonable. 2026:UHC:2718 6. Learned State Counsel, however, disputes the said contention and submits that there is no vacancy left in District Information Office and the lone vacancy has been filled by transfer of a regular incumbent. He, however, submits that if there is any vacancy available in District Nainital or elsewhere, then petitioner can make a representation to the competent authority, which shall be dealt with as per law. 7. The writ petition is, accordingly, disposed of by permitting the petitioner to make representation regarding his reengagement. If he makes such representation to the Director, Information within ten days from today, decision thereupon shall be taken by the concerned Director, within six weeks thereafter. If petitioner is re-engaged, then the period during which he remained out of service shall be liable to be ignored while considering his claim for regularisation. (Manoj Kumar Tiwari, J.) 16.04.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a 131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF5 6D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.04.16 18:22:46 +05'30'