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2026:UHC:3888

HI GH COURT OF UTTARAKHAND AT NAI NI TAL

HON’BLE SRI JUSTICE MANOJ KUMAR TIWARI

Writ Petition Service Single No. 1527 of 2017

19 May, 2026

Janardan Yadav --Petitioner

Versus

Doiwala Sugar Company Ltd Doiwala

District Dehradun Through Its

Executive Director and another --Respondents

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Presence:-

Mr. Amar Shukla, learned counsel for the petitioner.

Mr. T.A. Khan, learned senior counsel appearing for the

respondents.

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JUDGMENT

Petitioner is a seasonal employee serving in

Doiwala Sugar Company Ltd. He is challenging order

dated 17/24.05.2017, passed by Executive Director of

the concerned Sugar Factory. By the said order,

representation made by petitioner seeking permanent

status was rejected by holding that petitioner is serving

as Oilman and work of Oilman in the Sugar Mill is

seasonal in nature, therefore, his claim for permanent

status cannot be accepted. Thus, feeling aggrieved,

petitioner has approached this Court seeking the

following reliefs:-

“i) Issue an appropriate writ, order or direction

in the nature of Certiorari quashing the impugned

order dated 17/24-5-2017 (Annexure-4) passed by

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respondents

ii) Issue an appropriate writ, order or direction

in the nature of Mandamus commanding and

directing the respondents to give fitment/

regularization to the petitioner on the post of Helper

or in alternate on the post of Oilman from the date

when his juniors were given fitment/ regularization.”

2. It is submitted on behalf of the petitioner that

petitioner possesses certificate from Industrial Training

Institute and he was engaged as Helper on daily wages

in the Sugar Company w.e.f. 01.12.1993 and he is

serving continuously ever since then. Thus, it is

contended that after serving for more than 30 years in

the Sugar Company, petitioner has earned the right to

become a permanent employee. It is further contended

that petitioner was given seasonal status, vide order

dated 03.08.2013, and in that order, his status was

described as ‘unskilled labourer’ in category-D. It is

further contended that in the said order dated

03.08.2013, name of petitioner figures at Sl. No. 25

while persons, who are placed at Sl. No. 29, 33, 40, 42

& 50 were given permanent status in the year 2015. It

is further contended that one Sri Jakir, who was

appointed as Oilman in 2001 was given permanent

status, vide order dated 06.05.2017 against the post of

Helper, therefore petitioner can also be given similar

benefit by conferring him permanent status as Helper,

however, this aspect was completely overlooked by the

Executive Director while taking decision on petitioner’s

representation.

3. Learned counsel for the petitioner submits

that petitioner is ready and willing to serve on any

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Group-D post, including that of Helper and an affidavit

to this effect has also been filed by him before this

Court on 17.04.2026.

4. Per contra, Mr. T.A. Khan, learned counsel

appearing for respondents submits that even though

petitioner was originally discharging duties as Helper,

however since 2011, he was serving as Helper with the

Oilman and after 2013, he discharged duties as Oilman,

therefore, he was given seasonal status/fitment on the

post of Oilman in 2015. He further submits that State

Government has imposed ban on fitment in

Government owned Sugar Mills, therefore, it is not

possible to grant permanent status to petitioner on the

post of Oilman or any other Group-D post, including

that of Helper. He further submits that there are only

14 sanctioned posts of Oilmen in the Sugar Mill, which

are meant to be filled by seasonal employees.

5. Learned counsel for the petitioner refers to

the order dated 03.08.2013 (Annexure CA-2 to the

counter affidavit), whereby 54 daily-wage employees

were given seasonal status in category-D, in support of

his contention that all daily wage employees, including

petitioner were categorized as ‘unskilled’. He submits

that Oilman is