HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 84 of 2005(S/B) Prem Chandra Tiwari & others ……Petitioners Versus State of Uttaranchal & others ….Respondents Dated: December 24th 2010 Mr. K.N. Joshi, learned counsel for the petitioners. Mr. Bindesh Kumar Gupta, Additional Advocate General for the State/respondent nos. 1 to 3. Dated: December 24th 2010 Coram: Hon’ble Barin Ghosh, C.J. Hon’ble V.K. Bisht, J. Barin Ghosh, C.J. (Oral) In Civil Writ Petition No. 32581 of 1995, it was contended by the petitioners before the Hon’ble Allahabad High Court that while they were regularized under U.P. Regularisation of Adhoc Appointments (on posts within the purview of the Public Service Commission) Rules, 1979, their juniors were regularized prior to them and accordingly, those juniors who had been appointed subsequent to them, on adhoc basis, have since become senior to them. Accepting such contention, the writ petition was decided in favour of the petitioners, directing that they shall be treated to have been regularized with effect from 22nd March, 1984 when the said Rules became operative. 2. Learned counsel for the State of Uttar Pradesh has submitted that the said order was factually incorrect, inasmuch as, no one junior to the petitioners of the said writ petition, was regularized before the petitioners of the said writ petition were regularized and, accordingly, challenging the said order of the Hon’ble Allahabad High Court, an appeal has been preferred which has been registered as Appeal No. 114 of 2001 and the same is still pending. 3. Because the petitioners in Civil Misc. Writ Petition No. 32581 of 1995, pursuant to said order of the Hon’ble Allahabad High Court, were regularized with effect from 22nd March, 1994 the present wit petition has been filed contending that the petitioners in the said Misc. Writ Petition No. 32581 of 1995 are juniors to the petitioners herein. 4. We think that the order passed on Civil Misc. Writ Petition No. 32581 of 1995 has not yet reached finality, since the appeal preferred against the order rendered on the said writ petition is still pending consideration before the Hon’ble Allahabad High Court. 5. We accordingly, dispose of this writ petition by permitting the petitioners herein to re-approach this Court after judgment is rendered by the Hon’ble Allahabad High Court on the said appeal. (V.K. Bist, J.) (Barin Ghosh, C.J.) 24.12.2010 Arti