Authority: Uttarakhand High Court (Hon'ble Manoj Kumar Tiwari, A.C.J.; Hon'ble Subhash Upadhyay, J.)
Order Date: 06‑11‑2026
Case Overview
- Parties: Appellant – Kamal Singh Bisht; Respondents – State of Uttarakhand & Others, including Uttarakhand Jal Sansthan.
- Proceedings: Special Appeals (SPA) No. 132/2023, SPA/133/2023, SPA/134/2023 filed against the judgment in Writ Petition (S/S) No. 3436 of 2017.
- Background: Bisht claimed regularisation on the post of Pump Attendant in Uttarakhand Jal Sansthan effective 01‑Nov‑2003, asserting service since 01‑Dec‑1989 and educational qualification for the post. He argued that similarly situated junior employees were regularised from 01‑Nov‑2003 and therefore he was entitled to the same.
- Judicial Findings:
- The appellant could have approached a judicial forum in 2003 if his name had been omitted; however, his services were regularised on 28‑Sep‑2011.
- Bisht accepted the 2011 regularisation order without raising any objection.
- The writ petition filed in 2017 seeking regularisation from 2003 was therefore untenable and was dismissed by the learned Single Judge.
- Regularisation rules require a regularisation committee’s recommendation; such a committee was not constituted for the appellant in 2003.
- The appeal was filed more than six years after acceptance of the 2011 regularisation order, and the junior’s name was not identified, further weakening the claim.
- Procedural Orders:
- Delay condonation applications (IA/1/2023) were allowed; delay in filing the appeals was condoned.
- Since common questions of fact and law arise, the special appeals were heard together, but only facts of SPA No. 132/2023 were discussed for brevity.
Final Outcome
- The Uttarakhand High Court dismissed the special appeals, upholding the dismissal of the writ petition and confirming that Bisht’s claim for regularisation from 2003 cannot be entertained.
- No further penalties or directions were imposed.
Topics: Legal Judgment, Service Regularisation, Public Utility Employment