High Court · 2025

1. Mr. Am ar Murt i Shukla, counsel for t he pet it ioner. learned

2. Mr. N.K. Papnoi, learned St anding Counsel for t he St at e of Ut t arakhand. t he against challenged

3. According t o pet it ioner, he was engaged as daily wager for discharging dut ies as Helper in I rrigat ion Depart m ent t he year 1984; his services were t erm inat ed by oral order on 30.09.1988 raised an against which pet it ioner indust rial disput e; learned Labour Court t he decided disput e t he pet it ioner; pet it ioner award rendered by learned Labour Court in WPMS No. 425 of 2003, which was allowed and t he m at t er was rem anded back t o Labour Court , and t his t im e, learned Labour Court decided t he favour of pet it ioner vide reference award dat ed 14.08.2006 and pet it ioner was direct ed t o be reinst at ed in service. The em ployer again challenged t he said award before t his Court by filing WPMS No. 277 of 2007, however, em ployer ’s pet it ion was dism issed by coordinat e Bench vide j udgm ent dat ed 07.08.2008. Learned counsel for t he pet it ioner 4. point s out t hat pet it ioner was ult im at ely reinst at ed on 28.02.2009.

5. By m eans of pet it ioner has sought relief: - t his writ pet it ion, following t he ( i) I ssue a writ order or direct ion in t he nat ure of Mandam us com m anding and direct ing t he respondent aut horit y t he services of t he pet it ioner from t he dat e in which his j uniors were regularized. regularize t o

6. Learned counsel for t he pet it ioner subm it s t hat j unior t o t he pet it ioner, who were appoint ed as daily wager aft er 01.05.1984, have been regularised service, however, pet it ioner ’s claim for t he considered Com pet ent Aut horit y be direct ed t o pet it ioner ’s consider regularisat ion from t he dat e his j uniors were regularised. regularisat ion t herefore, far, serving cont inuously

7. Mr. N.K. Papnoi, learned St at e Counsel, however, subm it s t hat persons, whom pet it ioner claim s t o be his j unior, t he Depart m ent for t he last m ore t han t wo decades, wit hout any break in service, t herefore, t heir case was covered under t he Ut t arakhand Regularisat ion Rules, 2011 and t hus, t hey were regularised. He furt her subm it s t hat service of t he pet it ioner was not cont inuous, t herefore, he was not eligible as per Ut t arakhand Regularisat ion Rules, 2011, as such, he was not regularised. He furt her subm it s t hat under t he Regularisat ion Rules, a Regularisat ion Com m it t ee has t o be form ed and on t he recom m endat ion of t he regularisat ion is issued by t he Com pet ent t he Aut horit y. Thus, he subm it s t hat Ut t arakhand passed Regularisat ion Rules, a benefit ret rospect ive dat e. He also refers t o Rule t he Ut t arakhand Regularisat ion 7 of t hat a person Rules, which provides regularised under t he said Rules would regularisat ion Com m it t ee, cannot t he be placed below t he exist ing m em bers of service in t he seniorit y list . t he part ies, This Court is not inclined t o go int o 8. t he rival cont ent ions m ade by learned counsel regarding pet it ioner ’s claim for regularisat ion from t he back dat e. Since pet it ioner ’s claim for regularisat ion is t o be considered by t he t herefore, Aut horit y, Com pet ent expression of any opinion on m erit s will prej udice t he Com pet ent Aut horit y. regularisat ion,

9. Having regard t o t he fact s of t he case, t he writ pet it ion is disposed of by I rrigat ion direct ing Chief Engineer, Depart m ent t o exam ine pet it ioner ’s claim t he dat e his t his j uniors were purpose, Chief Engineer shall const it ut e a Regularisat ion Com m it t ee under t he Regularisat ion Rules in vogue. This Court hopes and expect s t he ent ire exercise shall be com plet ed wit hin six weeks from t he dat e of present at ion of cert ified copy of t his order. regularised. For t hat ( M a n o j K u m a r Ti w a r i , J)

27.08.2025 Aswal NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea 30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58 A58531726FBB0, cn=NITI RAJ SINGH ASWAL