Naresh Rautela vs State Of Uttarakhand And Others

Alok Kumar Verma, J

Present Writ Petition has been filed under Article 226 of the Constitution of India with the following prayers: -

“(i) Issue a writ, order in the nature of Certiorari for quashing the impugned order dated 29.02.2024 passed by the respondent no. 4 (marked as Annexure No. 8 to this writ petition).

(ii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to regularize the services of petitioner, considering he has already rendered 16 years of service against sanctioned and vacant post, having duly qualified the test and possessing requisite qualifications at the opportune moment for the post in view of the judgements and orders passed by Hon'ble Supreme Court in Secretary State of Karnataka & Ors. Vs Um a Devi & Ors., (2006) 4 SCC 1 and Narendra Kumar Tiwari &Ors. Vs State of Jharkhand & Ors., (2018) 8 SCC 238 and Judgment and order passed by this Hon'ble Court in WPPIL No.116/ 2018, title Kundan Singh Vs. State and others, etc.;

iii) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay minimum pay scale and dearness allowance of group C post to the petitioner,

(iv) Pass any other order or orders as this Hon'ble Court may deem fit and necessary in the interest of justice; and

(v) Award the cost of present writ petition to the petitioner.”

Heard Mr. Suhaas Ratna Joshi, learned counsel for the petitioner, Mr. Bhupendra Singh Koranga, learned Brief Holder for the respondent nos.1 to 4 and Mr. Rajendra Arya, learned counsel appearing for the respondent no.5.

Mr. Suhaas Ratna Joshi, Advocate submitted that the petitioner was working on the sanctioned post of Data Entry Operator/ Stenographer through outsourcing (UPNL). He worked for about 16 years. His service has been terminated vide impugned order dated 29.02.2024, passed by the respondent no.4.

Mr. Bhupendra Singh Koranga, Brief Holder submitted on instructions that two vacant posts of the Data Entry Operator/ Stenographer are available in the department.

Mr. Suhaas Ratna Joshi, Advocate further submitted that the petitioner moved a representation dated 12.02.2025 before the respondent no.4 requesting to withdraw the impugned order dated 29.02.2024 and regularize the services of the petitioner in view of 16 years long uninterrupted service of the petitioner. The said representation is still pending.

Mr. Suhaas Ratna Joshi, Advocate has requested to decide the present writ petition directing the respondent no.4 to decide the said representation dated 12.02.2025 as expeditiously as possible.

Mr. Bhupendra Singh Koranga, Brief Holder, on instructions, has requested to grant four weeks’ time from today to decide the said representation.

On the request of Mr. Suhaas Ratna Joshi, Advocate and with the consent of Mr. Bhupendra Singh Koranga, Brief Holder, the present writ petition is disposed of with a direction to the Joint Commissioner (Executive), State Tax, Haldwani Division, Haldwani, the respondent no.4, to decide the petitioner’s representation dated 12.02.2025 as per law as expeditiously as possible, but not later than four weeks from the date of submission of the certified copy of this order.

It is made clear that this Court has not expressed any opinion on the merit of the case.