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2025 DAILYLAW 16759 (UTT)

SUNIL SINGH v. STATE OF UTTARAKHAND

WPSS/828/2024 · 2025-12-10

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS W PSS 8 2 8 / 2 0 2 4 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. M.C. Pant, Advocate, for the petitioners. Mr. Ganesh Datt Kandpal, Deputy AG, for the State. Mr. Neeraj Garg, Advocate, for UPNL. (2) Petitioners are serving as outsourced employeea in State Disaster Management Department since last several years. According to them, their engagement is likely to be discontinued without any rhyme and reason, even though work and post are available. By means of this writ petition, petitioners have sought the following reliefs: “I. Issue a Writ, rule, order or direction in the nature of certiorarified mandamus to declare the act of abruptly terminating the services of Petitioners as arbitrary, unconstitutional and irrational and contrary to law as well as unreasonable and to quash the same along with its effect and operation after calling entire records from the respondent, And further to direct the respondent to halt the filing up of posts in DDMA/ DEOC through direct recruitment which is occupied by petitioner so the continuance of petitioners shall not be disturbed or altered to the disadvantageous position of the petitioners, and/ or to mould the relief appropriately by safeguarding the interest of the petitioners keeping in view the facts highlighted in the body of petition. II. Issue a Writ, rule, order or direction to the respondents to declare appointment of the petitioners through UPNL as sham, farce and bogus and to declare the appointment of the petitioners as substantive and permanent for all practical purpose and to allow all the benefits of services including pay etc. to the petitioners at par to the regular employees and in view of the Government order prescribing the pay scales for the post in question Or in alternate direct the respondent to frame a scheme for grant of permanent status and regularization to the petitioner from the date of their initial induction in service along with all consequential benefits, before making any fresh appointment on the post in question and also to protect the livelihood of the petitioners keeping in view the facts highlighted in the body of the petition, and/ or to mould the relief appropriately by safeguarding the interest of the petitioner keeping in view the facts highlighted in the body of petition.” (3) Learned Counsel for the petitioners relies upon certain government orders and also judicial orders. According to him, as per those government orders, outsourced employees cannot be discontinued before expiry of the term. (4) Mr. Neeraj Garg, learned Counsel appearing for the outsourcing agency i.e. UPNL, and learned State Counsel submit that if petitioners make representation to the competent authority highlighting their grievance, the competent authority shall examine the matter and pass appropriate order. (5) Writ petition is, accordingly, disposed of with liberty to petitioners to make separate fresh representation. If they make such representation within two weeks from today, competent authority shall take decision thereupon within three months thereafter by passing a reasoned order. ( Man oj Ku m ar Tiw ar i, J.) 1 0 .1 2 .2 0 2 5 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.12.10 19:01:17 +05'30'