WPSS/1405/2024 of RAJESH KUMAR RASTOGI Vs STATE OF UTTARAKHAND

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

28[TH] APRIL, 2025

WRIT PETITON NO. 1405 of 2024 (S/S)

Rajesh Kumar Rastogi

..…Petitioner

Versus

State of Uttarakhand and two Others

…Respondents

Counsel for the Petitioner : Mr. G.D. Joshi, Advocate. Counsel for the Respondent: Mr. B.S. Koranga, Brief No.1 Holder.

Counsel for the Respondent: Mr. S.S. Lingwal, Advocate Nos.2 & 3

Hon’ble Alok Kumar Verma,J.

Present Writ Petition has been filed under Article

226 of the Constitution of India with the following prayers:-

“(i) 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) writ, order or direction in the nature of mandamus commanding the Respondents to treat the entire services of Petitioner as daily wager with

2025:UHC:3178

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) writ, order or direction in the nature of mandamus commanding the Respondents to consider the claim of Petitioner for payment of minimum 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.” Petitioner.”

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.

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.

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.

Date : 28.04.2025 JKJ/Pant

___________________

ALOK KUMAR VERMA, J.