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2026 DAILYLAW 96 (UTT)

DWIJESH UPADHYAY v. STATE OF UTTARAKHAND

WPSB/165/2026 · 2026-03-31

Shri Manoj Kumar Gupta, Subhash Upadhyay

body2026

Judgment text

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2026:UHC:2263-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY 31ST MARCH, 2026 WRIT PETITION (S/B) NO. 165 OF 2026 Dwijesh Upadhyay …...Petitioner. Versus State of Uttarakhand & others ….Respondents. Counsel for the Petitioner : Mr. Sanjay Bhatt, learned counsel. Counsel for the State : Mr. J.C. Pande, learned Standing Counsel. Counsel for Respondent Nos.2 and 3 : Mr. Yogesh Pandey, learned counsel. JUDGMENT :(per Mr. Manoj Kumar Gupta, C.J.) 1. The petitioner has prayed for a writ of mandamus, commanding the respondents to consider his claim for regularization of his services as Assistant Professor in the respondent- University. 2. The case of the petitioner is that he is presently posted as Assistant Professor (Academic Consultant) Music, and has completed nearly 15 years of continuous service. He was initially appointed as Academic Consultant in Music, on contractual basis, on a fixed salary of Rs.11,000/- per month. It is stated that the University has recommended to the State Government for regularizing the services of such contractual teachers, and in support of the said submission, reliance has been placed on a letter dated 27.10.2020 by the then Vice Chancellor of the Uttarakhand Open 1 2026:UHC:2263-DB University addressed to the Chief Minister. 3. Learned counsel for the petitioner submits that the petitioner, and other similarly situated teachers, have made repeated representations to the State Government, but to no avail, and hence the present Writ Petition. 4. It is admitted that, so far, there is no Scheme or Rule for regularization of services of contractual employees in the respondent- University. Consequently, no direction, as prayed for, can be granted. 5. However, we leave it open to the petitioner to approach the State Government, so that the State Government, on basis of the letter of the respondent- University, may consider the claim of the petitioner, and other identically situated faculty members of the respondent- University, for regularization/ grant of minimum pay-scale. We further provide that, in case any such representation is made to respondent no.1, the same shall be considered by the Competent Authority within eight weeks from the date of communication of the instant order, along with a fresh representation. 6. The Writ Petition is disposed of in the above terms. 2 2026:UHC:2263-DB 7. Pending application, if any, also stands disposed of. MANOJ KUMAR GUPTA, C.J. SUBHASH UPADHYAY, J. Dated: 31st March, 2026 NISHANT 3 NISHANT KUMAR Digitally signed by NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc 00ec2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC6 3A055CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2026.04.01 10:50:20 +05'30'