##PAGE1##

2026:UHC:510

Judgm ent Reserved on: 24.12.2025

Judgm ent Delivered on:10.01.2026

HI GH COURT OF UTTARAKHAND AT NAI NI TAL

HON’BLE SRI JUSTI CE SUBHASH UPADHYAY

WRI T PETI TI ON ( S/ S) NO.920 OF 2009

Puran Singh Bisht ...Petitioner.

Versus

State of Uttarakhand and Others …Respondents.

Counsel for the petitioner : Mr. Bhagwat Mehra, learned counsel.

Counsel for the respondents : Mr. Naveen Tewari, Brief Holder for the

State of Uttarakhand.

JUDGMENT: (per Mr. Subhash Upadhyay, J.

Heard the learned counsel for the petitioner

and learned counsel for the State of Uttarakhand.

2. Petitioner has filed the present writ petition

with the following prayers:

“I. Issue a writ, order, or direction in the nature of certiorari

to quash the order dated 18-8-09 passed by the respondent

no. 3 in contravention of the Hon'ble Allahabad High court

order dated 08.01.98.

II. Issue a writ, order or direction in the nature of

mandamus directing the respondent to comply the Hon'ble

Allahabad High Court order dated 8-1-1998 passed in writ

petition no.40404 of 1993.

III. Issue a writ, order or direction in the nature of

mandamus directing the respondents not to interfere in the

working of the petitioner as Collection Amin at Bhanoli and

pay the salary to the petitioner with effect from March 2009

onwards with 20% interest.

IV. Issue, any other order or direction which this Hon'ble

High Court may deem fit and proper in the facts and

circumstances the case.

V. Award cost of the petition to the Petitioner.

VI. Issue a writ, order or direction in nature of certiorari to

quash the order dated 20.08.2018 passed by respondent

No.2.”

1

2026:UHC:510

3. Brief facts of the case, as narrated in the writ

petition, are that the petitioner was appointed as

Seasonal Collection Amin on 31.08.1989 for a period of

30 days and thereafter he worked as Seasonal Collection

Amin with some artificial breaks. A Writ Petition No.9557

of 1997 (Umrao Singh Vs. State of U.P. and Others) was

preferred before the Hon’ble Allahabad High Court which

was decided on 16.07.1997 and operative portion of the

said order reads as under:

“In view of the un-rebutted allegations in the petition, I am

of the opinion, that this petition deserves, to be allowed.

Since the petitioners have been performing the same work

as the regular Collection Amin and regular collection peon, I

direct that they shall be given the same salaries, allowances

and other benefits and other facilities as regular Collection

Amins and collection peons, as the case may be, on the

principle of equal pay for equal work. The State Government

is further directed to take a decision of the recommendation

of the District Magistrate, Nainital, for creation of posts

(copies of which are annexures-1 and 2 to the writ petition)

expeditiously, and till then the services of the petitioners

shall be continued without any artificial break in service.

The petition is allowed.”

4. The petitioner thereafter preferred a writ

petition No.40404 of 1993 and the said writ petition was

decided in terms of the judgment passed in Um rao

Singh’s case on 08.01.1998. In pursuance to the order

passed in the above-mentioned writ petition filed by the

petitioner an order dated 15.09.2008 was passed by the

District Magistrate, Almora by which petitioner was

provided the benefit as is available to a regular employee

from the date of issuance of the order in his case by the

2

2026:UHC:510

High Court i.e. from 08.01.1998.

5. It is the case of the petitioner that when a post

of regular collection Amin fell vacant on 01.08.1998 on

retirement of Ramesh Lal Sah then the petitioner

submitted a representation for consideration of his case

for appointment as a regular collection Amin. As the case

of the petitioner was not considered by the respondents

for appointment as a regular collection Amin as such the

petitioner filed WPSB No.233 of 2003 which was decided

on 02.04.2003 and the respondents were directed to

consider the case of the petitioner for appointment as

regular collection Amin.

6. Learned counsel for the pet