High Court · 2025

learned 2. Mr. Sandeep Kot hari, counsel for t he appellant in SPA No. 808 of 2017.

3. Mr. D.S. Bora, Counsel for t he St at e of Ut t arakhand. learned St anding

4. Ms. Sonia Chawla, Advocat e holding brief of Mr. Shivangi Gangwar, learned counsel for respondent nos. 2 & 3 in SPA No. 808 of 2017. These challenging int ra- court appeals have 5. been filed by t he em ployee as well as em ployer j udgm ent learned dat ed 08.05.2017 passed by Single Judge in WPSS No. 88 of 2013. The im pugned j udgm ent is reproduced below: - t he pet it ion, “ Pet it ioner was appoint ed on daily wage basis in t he year 2002. He claim s t hat he becam e eligible for regularizat ion. According t o t he averm ent s m ade in t he regularized but he was called on 15.01.2013 t o sign a cont ract / agreem ent wit h t he The pet it ioner under som e em ployer. t he int o m isconcept ion did not ent er cont ract / agreem ent wit h t he em ployer. t he pet it ioner was This Court direct ed t o t he t he subm it em ployer, pursuant t he order dat ed 15.01.2013. Pet it ioner had already subm it t ed cont ract / agreem ent t he pet it ioner t o t o t he em ployer. t he cont ract / agreem ent However, a fresh agreem ent t ill dat e has not been ent ered int o wit h t he em ployer. t o I n t he m eant im e, pet it ioner was also perm it t ed t o j oin his dut ies on 27.09.2013 on cont ract ual basis. Pet it ioner, t hough, was perm it t ed t o j oin t he dut ies on 27.09.2013 but has not been t he m inim um of Pay Scale. The pet it ioner was ent it led t o t he sam e benefit s privileged, which have been given t o t he j uniors of t he pet it ioner. Accordingly, t he w rit pet it ion is allowed. I m pugned quashed and set - aside. Respondent s are direct ed t o grant t he m inim um of Pay Scale t o t he pet it ioner from t he dat e his j uniors were grant ed.

27.02.2013 dat ed I n equit y and fair play, t he respondent s are also direct ed t o ent er int o an agreem ent wit h t he pet it ioner, as per order dat ed 15.01.2013 and t o perm it him t o discharge his dut ies as Assist ant Account ant . The period bet ween 15.01.2013 t o 27.09.2013 is condoned. Pet it ioner shall not be t erm inat ed, save in accordance wit h law”

6. Em ployee ( pet it ioner before t he writ court ) cont ends t hat he was engaged as daily wager in Ut t arakhand St at e Seed & Organic Product ion Cert ificat ion Agency, w.e.f. Sept em ber, 2001, on a sanct ioned post of Assist ant Account ant , and since t hen he has served cont inuously wit hout any break what soever, t herefore, he is ent it led regularisat ion under t he Regularisat ion Rules, 2013, t he St at e Governm ent , which have been adopt ed by t he Em ployer Organisat ion. Thus, he subm it s t hat t he im pugned j udgm ent is liable t o be m odified and t he Com pet ent t o Aut horit y deserves consider writ pet it ioner’s regularisat ion. t o be direct ed fram ed by considered t o

7. The em ployer has challenged t he im pugned j udgm ent on t he ground t hat t here was break service of respondent em ployee was not cont inuous and service t o 27.09.2013. Thus, it is cont ended t hat t he writ pet it ioner was reappoint ed aft er 27.09.2013.

15.01.2013 bet ween t hrough j udgm ent and perused t he 8. We im pugned t he ot her m at erial on record. We do not find any reason t o int erfere wit h t he direct ion issued by t o condone t he period of absence bet ween 15.01.2013 t o 27.09.2013. learned Single Judge t o t he regard regularisat ion, t he writ pet it ioner j udgm ent and direct fact s and 9. Having circum st ances of t he case, we m odify t he im pugned t he Com pet ent Aut horit y t o consider t he case ( Keshar Singh Rawat ) Regularisat ion Rules, 2013, wit hin six m ont hs from t he dat e of product ion of cert ified t his order. The Com pet ent Aut horit y shall also exam ine t o whet her writ pet it ioner can be given benefit of regularisat ion w.e.f. persons, 07.02.2014, allegedly j unior t o him , were regularised. copy of ot her

10. Wit h special appeals st and disposed of. t he aforesaid direct ion, t he ( A sh i sh N a i t h a n i , J.) ( M a n o j K u m a r Ti w a r i , J.)

05.05.2025 Aswal NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A5853 1726FBB0, cn=NITI RAJ SINGH ASWAL