Extracted from the PDF above. The PDF is authoritative.
2026:UHC:1542 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS
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Hon ’ble Man oj Ku m ar Tiw ar i, J.
Mr. Akram Parvez, Legal Aid Counsel, for the petitioner.
Mr. R.C. Joshi, Brief Holder, for the State.
(2) Petitioner has challenged the order dated 26.8.2016, passed by Secretary, Urban Development, Government of Uttarakhand. By the said order, petitioner’s claim for regularisation was turned down by holding that petitioner’s case is not covered by regularization rules, as petitioner was engaged as daily wager without there being a sanctioned vacant post in Nagar Panchayat, Lalkuan.
(3) The reason assigned by the concerned Secretary cannot be faulted. One of the conditions of eligibility, as per the regularization rules, is that one should be engaged on daily wages/ ad hoc basis against a sanctioned vacant post before a particular date indicated in the regularization rules. Petitioner was reportedly engaged as Driver on daily wages in the year 1991, however his engagement was without there being a sanctioned vacant post. Thus, petitioner does not have any vested right to be considered for regularization under the applicable regularization rules. Thus there is no scope for interference with the impugned order.
(4) Writ petition is accordingly disposed of, however with a direction that petitioner shall be permitted to continue as before, if work and post is available in the Nagar Panchayat. Petitioner’s claim for dearness allowance shall also be examined by the competent authority and decision thereupon shall be communicated to petitioner within
2026:UHC:1542 eight weeks from the date of presentation of certified copy of this order.
( Man oj Ku m ar Tiw ar i, J.)
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PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aea b198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052D F6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.03.10 17:13:27 +05'30'