Research › Search › Judgment

High Court of Uttarakhand · body

2026 DAILYLAW 662 (UTT)

SARAT CHAND RAMOLA v. STATE OF UTTARAKHAND

WPSS/870/2026 · 2026-03-31

Manoj Kumar Tiwari

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:2235 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/870/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. Kirti Sharan Agarwal, Advocate for the petitioner. 2. Mr. Dinesh Bankoti, Brief Holder for the State/ respondents. 3. Petitioner was appointed against Group- D post in a Government Aided Educational Institution where he served for more than seven years. Petitioner was one of the petitioners in Writ Petition (S/S) No. 422 of 2017, in which, a direction was issued to the authorities of Education Department to pay minimum of pay scale to the petitioner for the post against which he is serving. The said judgment rendered by learned Single Judge, however was set aside by Division Bench in Special Appeal No. 82 of 2023, however, respondents were directed to consider the claim of the petitioner for engagement through outsourcing by giving benefit of age relaxation to the extent of number of years he has served. Operative portion of the judgment dated 27.02.2026, rendered by Division Bench in Special Appeal No. 82 of 2023, are extracted below:- “8. Learned counsel for the respondents produced in Court an advertisement issued by outsourcing agency, whereby applications were invited for engagement through outsourcing against 2364 posts in School Education Department in Group-D category. She submits that respondents are not able to apply in response to the said advertisement, as they have become overage after rendering more than 10 years of service in Government Institutions. She submitted that relaxation in age be given to respondents so that their right to be considered for engagement through outsourcing, may at least be protected. 9. Having regard to the fact that respondents have rendered continuous satisfactory service for more than 10 years in Government Inter College, we provide that claim of respondents shall be considered for engagement through outsourcing on merit, by excluding the period they served in 2026:UHC:2235 Government Institution while determining their age. 10. State Counsel shall communicate this order to the Director, Secondary Education today itself so that applications, if made by respondents, may not be rejected on the ground that they have crossed the upper age limit.” 4. Learned counsel for the petitioner submits that even though benefit of age relaxation is being given to the petitioner for contractual engagement through an outsourcing agency, however, benefit of past experience is not being given to him. 5. In this writ petition, petition has sought the following relief:- “(I) Issue a writ, order or direction in the nature of mandamus commanding the respondents to given due weightage/consideration to the past work experience of the petitioner who have rendered continuous and satisfactory service in Class IV in Government Inter Colleges while processing and evaluating their applications under the fresh outsourcing advertisement for 2,364 Group-D posts in the School Education Department, Uttarakhand. 6. Learned State Counsel submits that if petitioner has any grievance, then he should have approached the Director, Secondary Education concerned by making a representation. 7. The writ petition is, accordingly, disposed of by permitting petitioner to make representation to Director, Secondary Education for claiming benefit of past services in a contractual engagement. If he makes such representation within one week from today, decision thereupon shall be taken by the Director concerned, within three weeks thereafter. It shall be open to the petitioner to submit representation through e-mail. (Manoj Kumar Tiwari, J.) 31.03.2026 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=3be23325146e76a0642bdf4943fb9046f487df006d a82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643 AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.03.31 15:15:46 +05'30'