Neutral Citation No. - 2025:AHC-LKO:28493 Court No. - 3 Case :- WRIT - A No. - 5315 of 2025 Petitioner :- Shivam Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Health And Family Welfare Deptt. Lko. And 4 Others Counsel for Petitioner :- Ganesh Kumar Gupta,Rajesh Pratap Singh Counsel for Respondent :- C.S.C.,Madhukar Ojha Hon'ble Rajesh Singh Chauhan,J. Heard Sri Ganesh Kumar Gupta, learned counsel for the petitioner, Sri Pankaj Patel, learned Additional Chief Standing Counsel for the opposite party no. 1 and Sri Madhukar Ojha, Advocate who has filed vakalatnama on behalf of opposite party nos. 2 to 4 and the same is taken on record. In view of the order proposed to be passed, notice to opposite party no. 5 is hereby dispensed with. By means of this petition, the petitioner has prayed the following reliefs:- "I. Issue a writ or direction in the nature of Certiorari to quash the order dated 25.6.24 passed by the opposite party no.3 / State Nodal Officer, State Health Agency State Agency for Comprehensive Health and Integrated Services (SACHIS) of Uttar Pradesh, 2nd and 4th Floor Navchetna Kendra, 10 Asok Marg Hazarat Ganj, Lucknow, contained as Annexure No. 1 to this writ petition, in the interest of justice. II. Issue a writ or direction in the nature of Certiorari to quash the order if any, passed by the opposite party no. 1 to 4 in the respect of order dated 25.6.24 passed by the opposite party no.3 as contained as Annexure No. 1 to this writ petition after summoning the same from original, in the interest of justice. III. Issue a writ of Mandamus or a writ order or direction in the nature of Writ of Mandanus commanding the opposite party no.1 to 4 to allow for work as Assistant Manger Project Monitoring to the petitioner, under the opposite party no. 1 to 4 as per contract and after renewing the contract and pay the full salary from the order dated 25.6.24 regularly as well as arrear of salary for the month of June 2024, in the interest of justice. IV. Issue a writ of Mandamus or a writ order or direction in the nature of Writ of Mandamus commanding the opposite parties not to give the effect of operation and implementation of order dated 25.6.2024 passed by the opposite party no.3 or any order if any in this respect passed by the opposite party nos. 1 to 4, in the interest of justice." On the pinpoint query being put up from the learned counsel for the petitioner as to how this writ petition may be maintained for redressal of the grievance of the outsourced employees. Learned counsel for the petitioner has submitted that the nodal agency is a instrumentality of the State comes within the purview of Article 12 of the Constitution of India, therefore, this writ petition may be entertained. However, this fact is undisputed that outsourcing agency of the petitioner is opposite party no. 5, i.e., M/s. XEAM Ventures Pvt. Ltd. There is no direct relation of the petitioner with State agency or instrumentality thereof. The law is trite on the point that the outsourced employees may not claim any relief by filing Writ under Article 226 of Constitution of India. Sri Madhukar Ojha has also informed that after the impugned order dated 25.06.2024, having been passed other persons have been engaged on the post in question and the post in question is presently not vacant, therefore, without entering into the merits of the issue and without interfering the impugned order dated 25.06.2024 (Annexure No. 1), liberty is given to the petitioner to approach any competent authority under the Labour Laws for redressal of his grievance and if there is any provision under the Labour Laws to redress the grievance of the petitioner, the same may be done by the said authority. It is needless to say that if the petitioner approaches any competent authority under the Labour Laws for redressal of his grievance, any appropriate order may be passed with expedition. The writ petition the disposed of accordingly. Order Date :- 15.5.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench