Extracted from the PDF above. The PDF is authoritative.
2025:UHC:9641 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSS/174/2025 Hon’ble Manoj Kumar Tiwari, J.
Mr. A.M. Saklani, Advocate for the petitioner.
2. Mr. Narayan Dutt, Standing Counsel for the State of Uttarakhand.
3. Petitioner was engaged through an outsourcing agency as Junior Engineer (Civil) in Zila Panchayat, Bageshwar w.e.f.
11.4.2023. According to him, he worked to the satisfaction of all authorities concerned continuously till 11.12.2024, however, his engagement was abruptly discontinued pursuant to the directive issued by respondent no. 2 on 11.12.2024.
4. The letter issued by Director, Panchayati Raj is on record as Annexure-4 to the writ petition. By the said letter, Chief Executive Officers of all Zila Panchayats within Uttarakhand were
directed to discontinue engagement of all employees engaged through outsourcing w.e.f.
1.1.2025.
5.
Learned counsel for the petitioner submits that such directive could not have been issued by the Director, Panchayati Raj, as it amounts to en bloc termination of
2025:UHC:9641 outsourced employees, without any valid reason. He submits that engagement of a outsourced employee can be discontinued only for some valid reason, like complaint or some other adverse material, however general direction to remove all outsourced employees amounts to unfair labour practice and is also contrary to the concept of Rule of Law.
6. Learned State Counsel, however, submits that since the services of the petitioner were not needed anymore in the Zila Panchayat, therefore, that appears to be the reason for his discontinuance.
7. Be that as it may, since petitioner has served for quite some time in the Zila Panchayat and reportedly there is no complaint against his work and conduct, therefore, he has a preferential right of re- engagement as Junior Engineer whenever work and post is available.
8. The writ petition is, accordingly,
disposed of by permitting the petitioner to make representation for his re-engagement. If he makes such representation within two weeks from today, the Director, Panchayati Raj shall take decision thereupon, within three months thereafter.
(Manoj Kumar Tiwari, J.)
31.10.2025 Navin
NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131b b4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653 D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.10.31 19:11:43 +05'30'