High Court · 2025

Mr. Pankaj Miglani, lear ned counsel for t he Public Service Com m ission subm it s t hat t he inst ant appeal cover ed by an or der of t his Court r endered in Special Appeal No.24 of 2025 dat ed 11.06.2025.

3. The Co- ordinat e Bench of t his Court , in w hich one of us is a m em ber, was pleased t o dispose of t he sam e wit h t he following direct ions: - 1 “ ( i) Every pet it ioner shall subm it individual represent at ion set t ing out , in det ail, t he m erit s of his claim and shall also enclose necessary cert ificat es in support of his eligibilit y t o be considered for t he post . ( ii) . The claim pet it ion shall include t he det ails such as; ( a) regarding t he dat e of appoint m ent , ( b) in t he event , any select ion process was undert aken by t he aut horit ies ( in t he course of engaging t he services cont ract ual basis) t he det ails process/ procedure, ( c) t he det ails of t he breaks ( t he det ail of t he break shall det ail t he num ber of days, m ont hs or years, t he pet it ioner was out of service) , ( d) t he dat e of discont inuance and t he dat e of reappoint m ent shall be st at ed. ( iii) . The pet it ioners shall subm it t heir respect ive represent at ion wit hin 15 days from t he dat e t o be calculat ed from t he dat e of receipt of copy of t his order. At t he lat est , t he represent at ion shall be subm it t ed t o t he respondent on or before

30.06.2025 by 5: 30 p.m . ( iv) . Thereaft er, t he first respondent shall exam ine t he represent at ions individually and, t hereaft er, draw up a list assigning seniorit y t o t he pet it ioners and som e t he crit eria for assessing and drawing up t he seniorit y list are as follows: - ( a) The dat e of ent ry in t he service. ( b) The t ot al lengt h of service, excluding t he t he t hat num ber of days/ weeks/ m ont hs pet it ioners were act ually out of service. ( v) . Thereaft er, t he first respondent shall, on t he basis of t he crit eria st at ed ( supra) and also appreciat e t he 2013 Rules and, t hereaft er, pass orders on each represent at ion, holding t hem eligible or not , 2 regularizat ion. The first respondent shall not t ake int o considerat ion, t he rem oval from t he post of cert ain of t he pet it ioners post t he m odificat ion of t he int erim orders dat ed 10.01.2025 & 04.03.2025, for t he purpose of calculat ing t he lengt h of service. The service rendered or failure t o render service post 10.01.2025 shall not be fact ored in by t he respondent while calculat ing t he lengt h of service. The first respondent shall not be influenced by any of observat ions m ade in any of t he orders passed by t his Court , eit her sit t ing singly or in division and t he case of each pet it ioner shall be considered on t he individual m erit s. I t is furt her m ade clear t hat in t he event of any of t he pet it ioners’ services being regularized and t hat he has been rem oved only due t o t he m odified int erim order, t hen t he period from 10.01.2025 shall be count ed as a period spent on dut y. ( vi) . The first respondent shall consider t he case t he pet it ioners not only respect of t he exist ing vacancies, but also t he vacancies t hat m ay com e up in t he next six m ont hs. I t is m ade clear t hat all t hose who have been given charge of prom ot ional post or a post higher in rank of J.E. for regularizat ion, shall be eligible for regularizat ion only t he post of J.E. I t is m ade clear t hat t he candidat e applying for regularizat ion, shall be from am ongst t he list of nam es of 229 persons furnished by learned Addl. A.G. i.e. t he list com piled pursuant t o t he order dat ed 01.04.2025 in SPA N o .2 4 o f 2 0 2 5 in t he m at t er of A j a y Pa n w a r a n d o t h er s Vs. St a t e o f Ut t a r a k h a n d a n d o t h e r s. ( vii) . Prior t o regularizat ion, t he first respondent shall, in consu lt at ion w it h t he Gover nm ent , also form alize t he service benefit s t hat t he St at e would ext end pursuant t o t he order of regularizat ion.” 3

4. I n t hat view, t he inst ant appeal also st ands disposed of in t he above t erm s. ( G. N A REN D A R, C.J.) Dat ed: 23.09.2025 KK/ SS ( SUBH A SH UPA D H YA Y, J.) SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a8a63 80d49b1885e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B7D72 C42261361AED33172F152148D, cn=SUKHBANT SINGH 4