Chandra Shekhar Pandey vs State Of Uttarakhand And Others

Pankaj Purohit, J

Petitioner was engaged as Computer Operator through outsourcing, in the office of Chief Agriculture Officer, Champawat on 09.04.2012. Thereafter, the service of petitioner was taken as Stenographer w.e.f. 01.05.2019, as he was also well versed in stenography (shorthand). He has completed more than ten years of service. According to petitioner, he was engaged against sanctioned vacant posts, after inviting names from Purv Sainik Security Agency Haldwani and after rendering continuous satisfactory service for more than a decade, he has now earned a right to be considered for regularization.

Learned counsel for petitioner relied upon a judgment dated 11.12.2025 rendered by Coordinate Bench of this Court in WPSS No.752 of 2023 (Lilawati Bhandari and Others Vs. State of Uttarakhand and Others) and Batch of writ petitions, wherein, reliance was placed of judgment dated 12.11.2018 rendered by Division Bench of this Court in WPPIL No. 116 of 2018 (Kundan Singh vs State of Uttarakhand & others). She submits that Division Bench had directed State Government to frame appropriate Rules for regularization of outsourced employee.

Learned State Counsel, however, submits that State Government has now notified amended Regularization Rules on 05.12.2025. He submits that claim of petitioner shall be considered with reference to the said Rules, for regularization.

Learned counsel for the petitioner, however, submits that the Rules, relied upon by State Counsel, do not contemplate regularization of outsourced employee. Thus, she submits that judgment rendered by Division Bench in the case of Kundan Singh vs State of Uttarakhand & others is yet to be complied with.

Be that as it may, this Court cannot direct the State Government to frame Scheme/Rules for regularization of outsourced employee. Since there is already a direction of Division Bench of this Court, therefore, the writ petition is disposed of with liberty to petitioner to approach the Competent Authority in the State Government by making representation. If petitioner makes representation to Competent Authority within two weeks from today, decision thereupon shall be taken, as per law, within four months thereafter. Till decision is taken on petitioner's representation, engagement of petitioner shall not be discontinued. Artificial break given to him shall be liable to be ignored while considering claim of the petitioner. It shall be open to the petitioner to raise other grievances also in the representation.

Pending application, if any, stands disposed of.