Kundan Singh v. St at e of Ut t arakhand ot hers) He subm it s t

1. Mr. K.K. Joshi, Mr. M.C. Pant , Mr. Am ar Murt i Shukla, Mr. Yogesh Kum ar Pacholia & Ms. Bhavya Prat ap Singh, learned counsel for t he pet it ioners.

2. Mr. Narayan Dut t , learned St anding Counsel for t he St at e of Ut t arakhand.

3. Mr. Ashish Joshi & Mr. Raj endra Arya, Advocat e holding brief of Mr. Neeraj Garg, t he respondent- UPNL. learned counsel

4. Since com m on quest ions of fact and t hese pet it ions, law are involved t herefore, t hese pet it ions are clubbed t oget her and decided by t his com m on t he sake of j udgm ent . However, brevit y and convenience, fact s of WPSS No. 693 of 2024 alone are being considered and discussed.

5. Pet it ioners, in t hese writ pet it ions, were engaged t hrough out sourcing, as Dat a Ent ry Operat or in St at e Tax Depart m ent in different years. Alm ost all of t hem have com plet ed m ore t en years of service. According t o pet it ioners, t hey were engaged against sanct ioned vacant post s, aft er invit ing nam es from UPNL cont inuous rendering aft er sat isfact ory service t han a decade, t hey have now earned a right t o be considered for regularisat ion. for m ore relied upon a Learned counsels for t he pet it ioners 6. j udgm ent dat ed 12.11.2018 rendered by Division Bench of t his Court in WPPI L No. 116 of 2018 ( Kundan Singh vs St at e of Ut t arakhand & ot hers) . He subm it s t hat Division Bench had direct ed St at e Governm ent t o fram e appropriat e Rules for regularisat ion of out sourced em ployee. Learned St at e Counsel, however, 7. subm it s t hat St at e Governm ent has now not ified am ended Regularisat ion Rules on 05.12.2025. He subm it s t hat claim of pet it ioners shall be considered wit h t o reference regularisat ion. said Rules, t he Learned counsels cont em plat e t he 8. pet it ioners, however, subm it s t hat t he Rules, relied upon by St at e Counsel, do out sourced em ployee. Thus, t hey subm it rendered by Division t hat Bench in t he case of Kundan Singh vs St at e of Ut t arakhand & ot hers is yet t o be com plied wit h. regularisat ion j udgm ent

9. Be t hat as it m ay, t his Court , in I f t here Governm ent t o regularisat ion t hese writ pet it ions, cannot direct t he fram e St at e Schem e/ Rules out sourced em ployee. Since already a direct ion of Division Bench of t his Court , t herefore, t he writ pet it ions are disposed of wit h libert y t o pet it ioners t o approach t he Com pet ent Aut horit y in t he St at e Governm ent by m aking pet it ioners m ake represent at ion. represent at ion( s) t o Secret ary ( Finance) wit hin t wo weeks from t oday, decision t hereupon shall be t aken, as per law, t hereaft er. Till wit hin decision pet it ioners represent at ion( s) , pet it ioners shall not be discont inued. Art ificial break given t o t hem shall be liable t o be ignored while considering claim of t he pet it ioners. I t shall be open t o ot her grievances also in t he represent at ion. t he pet it ioners four m ont hs engagem ent t aken t o ( M a n o j K u m a r Ti w a r i , J)

11.12.2025 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=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726 FBB0, cn=NITI RAJ SINGH ASWAL