No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPSB No.402 of 2020 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Mr. Abhijay Negi, learned counsel for the petitioners. 2. None is present for the respondents. 3. Petitioners were appointed as Senior Technical Assistant in a project, named as “Centre for Glaciology”, sponsored by Department of Science & Technology, Government of India, New Delhi during 2013 to 2020. Wadia Institute of Himalayan Geology (WIGH) was to act as a nodal agency for the said project. 4. Subsequently, the Centre for Glaciology was merged into Wadia Institute of Himalayan Geology and petitioners were disengaged from service by impugned order dated 25.06.2020. Thus, feeling aggrieved, they have approached this Court seeking following relief:- “I. Issue writ, rule, order or direction in the nature of certiorarified mandamus to declare the impugned order dated 25-06-2020 (contained as Annexure No. 1 to this writ petition) and advertisement dated 14- 08-2020 (contained as Annexure No. 2 to this writ petition) as arbitrary, irrational, unconstitutional, nonest, and void and to quash the same along with its effect and operation also after calling the entire record from the respondents keeping in view the facts highlighted in the body of the petition or to mould the relief appropriately. II. Issue appropriate Writ, kule Or Direction in the nature of mandamus to direct the respondents to treat the petitioners in service with continuity and all consequential benefits and pay had it been the impugned order were never in existence and further to declare the word used co-terminus and contractual in the appointment letter of the petitioner is misnomer and unfair labour practice and to declare the appointment of the petitioner as substantive and regular and further to direct the respondents to treat the petitioner as regular employee as well as the glaciological research activity as a permanent and perennial work for all purpose keeping in view the facts highlighted in the body of the petition. III. Issue also to direct the respondent to allow the same benefit of pay scale and other benefits including child care leave, LTC, bonus, GPF at par with the regular and similarly situated employee of the respondents and also to release their pending arrears as per the revised pay as per 7th Central Pay Commission together with interest thereon” 5. Learned counsel for petitioners submits that after serving in Centre for Glaciology for seven long years, petitioners have earned right to be considered for regularization, but, instead of considering their claim for regularization, they have been unceremoniously disengaged. This according to him is unjust and unbecoming of the State which has to act as a model employer. 6. Learned counsel for petitioners further submits that petitioners were replaced by another set of contractual employees, which is not permissible in view of the law declared by Hon’ble Supreme Court in the case of State of Haryana and Ors Vs. Piara Singh and Ors.,1992 (4) SCC 118. 7. Mr. Abhijay Negi, learned counsel for petitioners submits that in WPSB No.228 of 2020 filed by similarly situated persons, who were appointed in Centre for Glaciology, this Court permitted them to make representation to the Central Government claiming reappointment in Wadia Institute of Himalayan Geology. He thus submits that present petitioners may also be permitted to make representation to the Secretary, Department of Science & Technology. 8. In such view of the matter, we dispose of the writ petition with liberty to the petitioners to make representation to the Secretary, Department of Science & Technology for their re- engagement. If petitioners make representation within three weeks from today, decision thereupon shall be taken, within six months thereafter. Petitioners shall also be at liberty to raise other issues in the representation, including their claim for unpaid monetary benefits. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 16.07.2025 SS