High Court · 2025

Ut t arakhand St at e Legal Services Aut hority & ot hers - - Respondent s - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Presence: - Mr. Abhij ay Negi, Advocat e for t he pet it ioner. Mr. Ganesh Dut t Kandpal, Deput y Advocat e General, Mr. Raj eev Singh Bisht , Addit ional Chief St anding Counsel, Mr. Narain Dut t , St anding Counsel and Mr. Dinesh Bankot i, Br ief Holder t he St at e of Ut t arakhand. Mr. B.D. Pande, Advocat e Select ion Com m ission. for Ut t arakhand Subordinat e Service Mr. M.C. Pant , Advocat e for t he pr ivat e respondent s. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JUD GM EN T Since com m on quest ions of fact and law are involved in t hese pet it ions, t herefore, t hey are clubbed t oget her and are being heard & decided by a com m on j udgm ent . However, t he sake of 1 brevit y, fact s of Writ Pet it ion ( S/ S) No. 205 of 2025 alone are being considered and discussed. The relief sought in Writ Pet it ion ( S/ S) No. 205 of 2025 ar e as follows: - “ i. I ssue a writ order or direct ion in t he nat ure of cert iorari quashing t he let t er dat ed 13 t h February 2025 ( Annexure No. 10) as being cont rary t o t he j oining let t er dat ed 06 t h February 2025 ( Annexure No. 7) pursuant t o which t he pet it ioner had already j oined on t he post of m unsarim in t he Perm anent Lok Adalat on 06 t h Febr uary ( see Annexure No. 8) . ii. I ssue a writ order or direct ion in t he nat ure of cert iorari t o quash t he let t er dat ed 13t h February 2025 ( Annexure No. 11) as issued t o Chairm an t he Ut t ar akhand St at e Perm anent Lok Adalat by Legal Services Aut horit y wrongly relying on t he int erim orders in WPSS 2130 of 2023 and WPSS No. 2134 of 2024 where no such direct ion was passed t o st op t he appoint m ent of t he present pet it ioner. iii. I ssue a writ order or direct ion in t he nat ure of m andam us respondent s Perm anent Lok Adalat t o reinst at e t he pet it ioner im m ediat ely and wit h full wages.” com m anding t he

2. Pet it ioner part icipat ed in a select ion held by Ut t arakhand Subordinat e Service Select ion Com m ission for appoint m ent t o m inist erial posit ions in Perm anent Lok Adalat . On t he recom m endat ion of t he select ing body, he was offered appoint m ent as Munsarim in t he pay scale of `29,200- 92,300/ - ( Level- 5) vide order dat ed 06.02.2025, issued by Chairm an, Perm anent Lok Adalat , Dehradun. However, he w as not perm it t ed t o discharge dut ies as Munsarim aft er 13.02.2025 because of t he int erim order passed in WPSS No. 2130 of 2023 and 2 WPSS No. 2134 of 2023 and his appoint m ent was cancelled.

3. Learned counsel t he pet it ioners subm it s t hat t he cont ract em ployees engaged t hrough out sourcing against t he vacancies quest ion challenged t he advert isem ent , whereby select ion process was init iat ed and in t hose writ pet it ions int erim orders w ere passed in favour of t he cont ract em ployees.

4. Since, t he appoint m ent s offered t o t he pet it ioners were cancelled in deference t o t he int erim orders passed in WPSS No. 2130 of 2023 and WPSS No. 2134 of 2023 and t hose writ pet it ions have been decided by an order of even dat e, against t he cont ract em ployees, t herefore, t here is now no legal im pedim ent in perm it t ing t he pet it ioners t o j oin dut y on t he post s against which t hey w ere select ed and appoint ed.

5. Accordingly, t he writ pet it ions are allow ed, t he cancellat ion orders dat ed 13.02.2025, issued by Chairm an, Perm anent Lok Adalat , Dehradun are set aside and t he com pet ent aut horit y is direct ed t o appoint t he pet it ioners as per t heir rank ing in t he m erit list . Dt : 12.09.2025 Navin 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=18167EEFB5CA8CFFD421A103819DA87564 3AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA ________________________ M A N OJ K UM A R TI W A RI , J. 3