In a writ petition filed in 2012 seeking regularization and seniority fixation in clerical cadre, the High Court dismissed the plea. The court held the claim was misconceived due to lack of regularization order in 1985, that the 1988 regularization was unchallenged, and that the petition was highly belated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No.533 of 2012 (S/S)
Mohan Chandra Pant … Petitioner Vs. State of Uttarakhand & others … Respondents
Hon’ble Sudhanshu Dhulia, J. (Oral)
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clerical cadre. The claim of the petitioner is not only highly belated but also misconceived as there is no clear order in favour of the petitioner for his regularization in the year 1985. Consequently, the writ petition fails and is hereby dismissed. No order as to costs.
(Sudhanshu Dhulia, J.)
Dated 26th July, 2013 Rawat
3 issues framed by the court
Whether the petitioner's claim for regularization and fixation of seniority in clerical cadre is maintainable given the lack of order and the delay in filing.
Whether the cause of action arose in 1988 and was not challenged timely.
Whether documents on record prove regularization in clerical cadre in 1985.
Mohan Chandra Pant
State of Uttarakhand
Sudhanshu Dhulia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
