MOHAMMAD AYAS v. STATE OF U.P. THRU. SECY. OF ENERGY LKO. AND 8 OTHERS
WRIA/3888/2025 · 2025-04-10
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133045 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133045 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:20310 Court No. - 3 Case :- WRIT - A No. - 3888 of 2025 Petitioner :- Mohammad Ayas Respondent :- State Of U.P. Thru. Secy. Of Energy Lko. And 8 Others Counsel for Petitioner :- Nirbhay Kumar Singh,Buddha Priya Gautam,Pradeep Kumar Singh,Rana Pratap Singh Counsel for Respondent :- C.S.C.,Alok Saran Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Nirbhay Kumar Singh, learned counsel for the petitioner and Sri Nitin Mathur, learned Addl. Chief Standing Counsel for State-respondent.
2. Notice for opposite parties No. 2 to 8 has been accepted by Sri Alok Saran, Advocate.
3. At the very outset, learned counsel for opposite parties has raised preliminary objection regarding maintainability of writ petition by submitting that the petitioner is an outsource employee and his outsource agency is opposite party No.9, therefore, he may not seek any relief by filing a writ petition under Article 226 of the Constitution of India. However, if the petitioner is having any grievance, he may approach the department through his outsourcing agency.
4. Learned counsel for the petitioner has submitted that petitioner has not been paid honorarium w.e.f. September, 2024 to January, 2025, though he is still working and such honorarium shall be paid by the opposite party No. 6, i.e. Executive Engineer, Vidut Vitran Khand Bakshi Ka Talab (LESA) GPRA (upkendra) Lucknow.
5. Be that as it may, since the petitioner is an outsource employee, so no direction can be issued to the Executive Engineer i.e opposite party No.6 but it is always open to the petitioner to approach his outsourcing agency i.e. opposite party No.9 for getting the claim and outsourcing agency may forward the grievance of the petitioner before the competent authority of
the State.
6. Therefore, without entering into the merit of the issue, I hereby dispose of this petition finally giving liberty to the petitioner to approach the opposite party No.9 so that his grievance may be placed/forwarded before the competent authority of the State for doing the needful.
7. Accordingly, this petition is disposed of finally at the admission stage in view the aforesaid. Order Date :- 10.4.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench