Extracted from the PDF above. The PDF is authoritative.
2026:UHC:376 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSS No. 826 OF 2024 With WPSS No. 815 OF 2024 WPSS No. 816 OF 2024 WPSS No. 817 OF 2024 WPSS No. 818 OF 2024 WPSS No. 824 OF 2024 WPSS No. 825 OF 2024 WPSS No. 827 OF 2024 Hon’ble Manoj Kumar Tiwari, J
1. Mr. Abhijay Negi, learned counsel for the petitioners.
2. Mr. Narayan Dutt, learned Standing Counsel for the State of Uttarakhand.
3. 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. 826 of 2024 alone are being considered and discussed.
4. Petitioners were appointed on ad-hoc basis as Gram Vikas Adhikari in District Almora in erstwhile State of Uttar Pradesh, before
1990. Their services were subsequently regularised on the post of Gram Vikas Adhikari on 01.01.1996. All the petitioners have now retired from service, however, pension and gratuity are not being paid to them only on the ground that there is no order of regularisation passed by the Competent Authority in their favour.
4.
Learned counsel for the petitioners relies upon a document enclosed as annexure 1 to the writ petition, which is a confirmation order passed by District Development Officer, Almora on
08.08.1997. By the said order, as many as
2026:UHC:376 45 Gram Vikas Adhikari serving in District Almora, were confirmed w.e.f.
01.01.1996.
5. It is contended by learned counsel for the petitioners that without regularisation
order passed by Competent Authority, ad- hoc employee cannot be confirmed in service. It is contended that confirmation
order pre-supposes passing of regularisation order.
6.
Learned counsel for the petitioners, however, submits that difficulty is being faced in the absence of any regularisation
order. Since decision regarding regularisation has to be taken by the Competent Authority and the Competent Authority has taken decision regarding confirmation, therefore, this Court thinks that ends of justice would be met if petitioners are relegated to Head of the Department, who may examine the issue and pass necessary order.
7. The writ petitions are, accordingly,
disposed of with liberty to petitioners to approach Commissioner, Rural Development by making representation(s). If petitioners make representation(s), highlighting their grievances, Commissioner shall examine the issue and take decision, as per law, within four months from the date of presentation of certified copy of this order. If order for regularisation is passed by the Competent Authority or petitioners are deemed to be regularised, then necessary order for releasing their retiral dues shall also be passed, within three weeks from passing such order.
(Manoj Kumar Tiwari, J)
08.01.2026 Aswal
NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a 3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22 DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.01.08 05:28:57 -08'00'
2026:UHC:376