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2026 DAILYLAW 587 (UTT)

UTKRISHTA SHAH v. STATE OF UTTARAKHAND

WPSS/771/2024 · 2026-02-18

Manoj Kumar Tiwari

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:1081 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/580/2024 With WPSS/490/2024 WPSS/498/2024 WPSS/500/2024 WPSS/501/2024 WPSS/575/2024 WPSS/576/2024 WPSS/577/2024 WPSS/586/2024 WPSS/588/2024 WPSS/652/2024 WPSS/771/2024 WPSS/849/2024 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Shashi Kant Shandilya, learned counsel for the petitioners. 2. Mr. Narayan Dutt, learned Standing Counsel for the State of Uttarakhand. 3. Mr. Yashpal Singh, Advocate holding brief of Mr. Neeraj Garg, learned counsel for the respondent-UPNL. 4. Since common questions of fact and law are involved in these petitions, therefore, these petitions are clubbed together and decided by this common judgment. However, for the sake of brevity and convenience, facts of WPSS No. 580 of 2024 alone are being considered and discussed. 5. Petitioners, in these writ petitions, were engaged through outsourcing, as Data Entry Operator in State Tax Department in different years. Almost all of them have completed more ten years of service. According to petitioners, they were engaged against sanctioned vacant posts, after inviting names from UPNL and after rendering continuous satisfactory service for more than a 2026:UHC:1081 decade, they have now earned a right to be considered for regularisation. 6. Learned counsel for the petitioners has relied upon a judgment dated 12.11.2018 rendered by Division Bench of this Court in WPPIL No. 116 of 2018 (Kundan Singh vs State of Uttarakhand & others). He submits that Division Bench had directed State Government to frame appropriate Rules for regularisation of outsourced employee. 7. Learned State Counsel, however, submits that State Government has now notified amended Regularisation Rules on 05.12.2025. He submits that claim of petitioners shall be considered with reference to the said Rules, for regularisation. 8. Learned counsel for the petitioners, however, submits that the Rules, relied upon by State Counsel, do not contemplate regularisation of outsourced employee. Thus, he submits that judgment rendered by Division Bench in the case of Kundan Singh vs State of Uttarakhand & others is yet to be complied with. 9. Be that as it may, this Court, in these writ petitions, cannot direct the State Government to frame Scheme/Rules for regularisation of outsourced employee. Since there is already a direction of Division Bench of this Court, therefore, the writ petitions are disposed of with liberty to petitioners to approach the Competent Authority in the State Government by making representation. If petitioners make representation(s) to Secretary (Finance) within two weeks from today, decision 2026:UHC:1081 thereupon shall be taken, as per law, within four months thereafter. Till decision is taken on petitioners’ representation(s), engagement of petitioners shall not be discontinued. Artificial break given to them shall be liable to be ignored while considering claim of the petitioners. It shall be open to the petitioners to raise other grievances also in the representation. (Manoj Kumar Tiwari, J) 18.02.2026 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: 2026.02.19 17:40:23 +05'30'