RACHNA KATIYAR v. STATE OF U.P. PRIN. SECY. WOMEN WELFARE DEPTT. LKO. AND 4 OTHERS
WRIA/6580/2025 · 2025-07-23
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 144085 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144085 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:42378 Court No. - 18 Case :- WRIT - A No. - 6580 of 2025 Petitioner :- Rachna Katiyar Respondent :- State Of U.P. Prin. Secy. Women Welfare Deptt. Lko. And 4 Others Counsel for Petitioner :- Sandeep Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioner and learned State Counsel for opposite parties 1 to 4. In view of order being passed, notice to opposite party No.5 stands dispensed with. 2. Petition has been filed challenging order dated 9th May, 2025 whereby petitioner has been relieved from his duties as Centre Incharge, One Stock Centre, District Bahraich by the District Probation Officer, Bahraich. 3. It has been submitted by learned counsel for petitioner that impugned order has been passed without affording any opportunity of hearing or any inquiry and it is submitted that process of dispensing with petitioner's services is required to be followed in the same manner as is applicable upon government employees as indicated by the service provider vide letter dated 9th May, 2025. 4. Ms. Parul Vajpayee learned Additional Chief Standing Counsel has refuted submissions advanced by learned counsel for petitioner with submission that petitioner was employed on outsourcing basis through service provider and impugned order has been passed on the basis that the service provider himself has withdrawn services of petitioner. It is refuted that Conduct Rules pertaining to government servants would be applicable upon petitioner. 5. Upon consideration of submissions advanced by learned counsel for parites and perusal of material on record, it is evident that impugned order has been passed on the ground that petitioner's service provider has withdrawn his services. The impugned order in fact is only in the nature of a relieving order based on the letter dated 9th May, 2025 by the service provider withdrawing his services. 6. It is admitted and evident from the record that petitioner was employed on outsourcing basis through service provider There is no pleading on record as to how Conduct Rules applicable
upon the government employees would be applicable upon petitioner so as to bring him within the realm of the government employee. 7. In view thereof, this Court does not find any occasion to grant indulgence. The petition therefore fails and is dismissed. Parties to bear their own cost.
Order Date :- 23.7.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench