BHUWAN CHANDRA JOSHI vs STATE OF UTTARAKHAND AND ANOTHER

Heard Mr. B.D. Upadhyay, Sr. Advocate assisted by Mr. Sunil Upadhyay, Advocate for the petitioner and Mr. Gajendra

Tripathi, Brief Holder for the State of Uttarakhand / respondents.

Brief facts of the present case are that petitioner was appointed as Electrician through contractor in the Forest Trust Hospital, Haldwani. On

02.08.2006, the Secretary, Forest Trust Hospital, Haldwani issued an advertisement for the post of Electrician on contract basis. Petitioner applied for

the said post. Petitioner’s candidature was rejected on the ground of overage. However, petitioner continued to work as Electrician through

contractor. In the year 2010, Forest Trust Hospital came under the control of State Government. With effect from 01.06.2011, appointment of the

petitioner was treated to have been made through UPNAL (i.e. Uttarakhand Purva Sainik Kalyan Nigam). In the year 2013, Government framed

Regularization Rules, 2013. Services of the petitioner could not be regularized as he did not fulfil the conditions laid down in the Regularization Rules,

2013. Feeling aggrieved, petitioner has approached this Court seeking regularization.

This Court cannot issue direction for regularizing the services of the petitioner de hors the Rules and in view of law laid down by Hon’ble

Supreme Court in the case of Secretary, State of Karnataka Vs. Uma Devi reported in 2006 (4) SCC 1. Petitioner did not fulfil the conditions laid

down in the Regularization Rules, 2013 and this Court cannot direct the State Government to frame particular types Rules or to give relaxation to the

petitioner, as this is a policy decision.

Accordingly, I do not find any merit in petition. Petition fails and is hereby dismissed. No order as to costs.