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2025 DAILYLAW 11607 (UTT)

D S CHAUDHARY v. STATE OF UTTARAKHAND

WPSS/1575/2025 · 2025-09-23

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:8576 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1575/2025 Hon’ble Manoj Kumar Tiwari, J. Ms. Abhilasha Tomar, Advocate for the petitioners. Mr. N.K. Papnoi, Standing Counsel for the State. Mr. Rahul Consul, Advocate for MDDA. 2. Petitioners were engaged as Junior Engineer though outsourcing in Mussoorie Dehradun Development Authority (MDDA). They are aggrieved by order dated 08.07.2025, whereby their engagement has been discontinued. 3. Learned counsel for the petitioners submits that there is no reason or justification whatsoever for discontinuance of petitioners’ engagement. She submits that work and post is still available and petitioners have rendered service of more than 7 years, therefore, they are entitled to continue against available vacancies. 4. Per contra, Mr. Rahul Consul, learned counsel appearing for MDDA, on instructions, submits that there were 34 vacancies on the post of junior engineer in MDDA against which selection process was initiated. Since selected candidates joined in 2024, therefore, there is no vacancy available against which junior engineers, engaged through outsourcing can be 2025:UHC:8576 retained. 5. Learned counsel for the petitioners, however, disputes the said submission and submits there are still vacancies available on the post of junior engineer. She further submits that petitioners are ready to serve, if they are engaged against the post of technical supervisor. 6. Without going into the merits of the claim staked by petitioners, the writ petition is disposed of with liberty to petitioners to make representation. 7. If petitioners make representation to the Vice Chairman of MDDA within two weeks from today, decision thereupon shall be taken within 2 months thereafter. If the decision goes in favour of the petitioners, then Government Order dated 25.04.2025 will not come in the way of retention of the petitioners. 8. Pending application(s), if any, stand disposed of. Manoj Kumar Tiwari, J.) 23.09.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f 031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC46 26D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.09.24 18:44:45 +05'30'