Extracted from the PDF above. The PDF is authoritative.
2025:UHC:9488 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSS/977/2025 Hon’ble Manoj Kumar Tiwari, J.
Mr. Yogesh Pacholia, Advocate for the petitioners.
2. Mr. Narayan Dutt, Standing Counsel for the State of Uttarakhand / respondent no. 1.
3. Mr. Saurav Adhikari, Standing Counsel for the Union of India / respondent nos. 2 to 5.
4. Mr. Amit Tyagi, Advocate, holding brief of Mr. Neeraj Garg, Advocate for respondent no. 6.
5. Petitioners were engaged as Junior Assistant/Data Entry Operator in National Cadet Corps in the year 2019, 2023 & 2024 respectively. Their engagement has been discontinued by means of separate orders passed in April, 2025. The reason for discontinuance indicated in the order is that the vacancy on the post in question has been supplied by regular promotion.
6. Learned State Counsel submits that upon promotion of the persons serving in the feeder post, there is no vacancy on the post of Junior Assistant/Data Entry Operator against which petitioners could be accommodated, therefore, they were sent back to the outsourcing agency, namely-UPNL so that their services may be utilised in some other organisation.
7. Mr. Yogesh Paholia, learned counsel for the petitioners, however, submits that the work and post is still available in National Cadet Corps and he refers to a
2025:UHC:9488 document enclosed as Anenxure-5 to the writ petition in support of this contention.
8. Mr. Saurav Adhikari, learned Standing Counsel appearing for respondent nos. 2 to 5 submits that the vacancies indicated in Annexure-5, which are being relied upon by petitioners’ counsel, are vacancies falling under direct recruitment quota, which are to be supplied through open selection conducted by Uttarakhand Subordinate Service Selection Commission.
9. Without expressing any opinion on the final merits of the case, this Court thinks that ends of justice would be met if petitioners are permitted to make representation to respondent no. 2.
10. Accordingly, the writ petition is
disposed of with liberty to petitioners to make representation to respondent no. 2 for their re-engagement through outsourcing. If petitioners make such representation within two weeks from today, decision thereupon shall be taken by respondent no. 2 within three weeks thereafter. The re-engagement, if ordered, shall last only till joining of the regularly selected incumbent.
(Manoj Kumar Tiwari, J.)
28.10.2025
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=3be23325146e76a0642bdf4943fb9046f487df006d a82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643 AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.10.28 17:38:18 +05'30'