2026:UHC:1323-DB I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE CHI EF JUSTI CE MR. MANOJ KUMAR GUPTA AND THE HON’BLE JUSTI CE MR. SUBHASH UPADHYAY Writ Petition (S/B) No.577 of 2025 26 February, 2026 Subhash Negi -----Petitioner Versus State of Uttarakhand and Another ----Respondents ---------------------------------------------------------------------- Presence:- Mr. Dr. K.H. Gupta, Mr. Syed Kashif Jafri, Ms. Pallavi Bahuguna, Ms. Irum Zeba and Mr. Rafat Munir Ali, learned counsel for the petitioner. Mr. Sachin Mohan Singh Mehta, learned Brief Holder for the State of Uttarakhand. ---------------------------------------------------------------------- JUDGMENT : ( per Mr . Man oj Kum ar Gu pt a C. J.) 1. The petitioner has filed the present writ petition praying for a writ of mandamus commanding the respondents to grant financial benefits like dearness allowance, annual increment, seniority benefits, earned leave benefits, gratuity benefits, assured career progression to the petitioner from the date of joining the respondent no.2 department. 2. The case of the petitioner is that after due screening and facing selection committee and interview he was appointed on the post of Manager (Marketing) in the respondent no.2 department (Uttarakhand State 1 2026:UHC:1323-DB Council for Science & Technology) on contractual basis. The term of contractual appointment of the petitioner was extended from time to time. 3. On 14.08.2019, the Executive Council of respondent no.2 resolved to regularize the services of the petitioner against regular vacancy. In pursuance of the resolution of the Executive Council, services of the petitioner was regularized by an order dated 01.06.2022. The petitioner now seeks benefit of the services rendered on contractual basis for extending financial benefits as stated above. 4. The regularization order dated 01.06.2022 stipulated that the regularization would be from immediate effect i.e. from the date of issuance of regularization order dated 01.06.2022. Thereunder, the petitioner was placed under probation for one year. 5. The service rendered by the petitioner on contractual basis was relevant for considering his candidature for regularization and the respondents while regularizing the service have duly taken into consideration the said services. However, in absence of any provision in the service rules for counting contractual services for granting financial benefits and seniority, the claim of the petitioner for the said benefits cannot be allowed. 2 2026:UHC:1323-DB 6. Consequently, we find no merit in the writ petition and the same is, accordingly, dismissed. 7. Pending application, if any, also stands disposed of. ( MANOJ KUMAR GUPTA, C. J.) ( SUBHASH UPADHYAY, J.) Dated: 26.02.2026 SS 3 SUKHBANT SINGH Digitally signed by SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a 8a6380d49b1885e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B7 D72C42261361AED33172F152148D, cn=SUKHBANT SINGH Date: 2026.02.27 10:13:05 +05'30'