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Rajesh Kumar Rastogi vs State Of Uttarakhand And Two Others

Uttarakhand High Court · Decided on 28 April 2025 · Citation: (2025) 04 UK CK 0884

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Constitution Of India, 1950 — Article 226
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 1405 Of 2024 (S/S)
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Judgment

11 paragraphs · 370 words

Alok Kumar Verma, J

1.

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

“(i) A writ, order or direction in the nature of certiorari to declare the decision/ order of Respondent university in rejecting the claim of Petitioner for regularization as illegal, arbitrary and discriminatory and consequently quash the impugned order/ decision dated 16-02-2024 (contained as Annexure No. 9 to the Writ Petition).

(ii) A writ, order or direction in the nature of mandamus commanding the Respondents to treat the entire services of Petitioner as daily wager with effect from his initial date of appointment and consequently reconsider his claim for regularization on the respective posts occupied by him or on any other equivalent post w.e.f. the date of his initial engagement and pay him all consequential benefits which have been extended to similarly placed persons.

(iii) A writ, order or direction in the nature of mandamus commanding the Respondents to consider the claim of Petitioner for payment of minim um of pay and arrears thereof with dearness allowance on the principle of equal for equal work and pay the same with interest and allow him to continue without any break.

(iv) Any other order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.

(v) Award cost of the Petition to the present Petitioner.”

2.

Heard Mr. G.D. Joshi, learned counsel for the petitioner, Mr. B.S. Koranga, learned Brief Holder for the respondent no.1 and Mr. S.S. Lingwal, learned counsel for the respondent nos.2 & 3.

3.

Mr. G.D. Joshi, Advocate has requested to decide the present writ petition in terms of the Judgment dated 06.01.2025, passed by the Co-ordinate Bench in WPSS No.436 of 2024, “Ajay Kumar and Others vs. State of Uttarakhand and Others” and batch.

4.

The said request has not been opposed by the learned counsel for the respondents.

5.

With the consent of both the parties, present writ petition is disposed of in terms of the Judgment dated 06.01.2025, passed by the Co-ordinate Bench of this Court in WPSS No.436 of 2024, “Ajay Kumar and Others vs. State of Uttarakhand and Others” and batch.