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2026 DAILYLAW 3532 (UTT)

SACHIN KUMAR GAUR v. STATE OF UTTARAKHAND, THROUGH PRINCIPAL SECRETARY

WPSS/452/2018 · 2026-04-21

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:2910 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/451/2018 WPSS/452/2018 WPSS/453/2018 Hon’ble Manoj Kumar Tiwari, J. Mr. Bhupesh Kandpal, Advocate for the petitioners. 2. Mr. G.S. Negi, Additional Chief Standing Counsel for the State of Uttarakhand. 3. Since common questions of law and fact are involved in these petitions, therefore, they are being heard and decided together. However, for the sake of brevity and convenience, facts of WPSS No. 451 of 2018 alone are being considered and discussed. 4. Petitioner’s claim for regularisation was rejected, vide order dated 18.01.2018 on the ground that he does not meet the condition of Regularisation Rules, 2013. 5. Learned counsel for the petitioner submits that the Regularisation Rules, 2013 were amended in 2025 and anyone, who has put in ten years of service, as on 04.12.2018, is eligible to be considered for regularisation. He submits that petitioner’s claim was rejected only on the ground that he has not completed five years of service; therefore, the matter needs to be re- considered by the competent authority. 6. This Court finds substance in the contention raised by the petitioner. 2026:UHC:2910 7. Since the cut off date for determining qualifying service for regularisation has been extended to 04.12.2018, therefore, the claim of the petitioner for regularisation deserves to be re-considered in the light of amended Rules. 8. The writ petitions, are, accordingly disposed of with a direction to respondent no. 2 to re-consider claim of the petitioners for regularisation, as per the Rules amended in 2025, within three months. It goes without saying that such re-consideration shall be untrammelled by any observation/finding returned in the impugned rejection order. (Manoj Kumar Tiwari, J.) 21.04.2026 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=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d3c0a 15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6ED9A8 6DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.04.21 17:31:25 +05'30'