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2025 DAILYLAW 17144 (UTT)

SURENDRA SINGH KAPARWAN v. STATE OF UTTARAKHAND

WPSS/2384/2024 · 2025-12-10

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:11004 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS W PSS 2 3 8 4 / 2 0 2 4 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Anil Anthwal, Advocate, for the petitioners. Mr. Ganesh Datt Kandpal, Deputy AG, for the State. (2) Petitioners were engaged as outsourced employee in State Disaster Management Department. In the year 2023, their engagement was discontinued. They approached this Court. Coordinate Bench directed the competent authority to take decision on representation of petitioners for reemployment. Representation made by petitioners has been rejected by the Secretary, Disaster Management only on the ground that necessary sanction for engaging outsourced employees is not granted by the competent authority. (3) Learned Counsel for the petitioners is right in submitting that non-availability of sanction cannot be a valid reason for rejecting the claim of petitioners for reemployment. If sanction was not available, then the Secretary, Disaster Management could have requested the competent authority for sanction. (4) Accordingly, writ petition is disposed of with a direction to the Secretary, Disaster Management to reconsider the matter and if need be, request the competent authority for sanction for supplying the available vacancies by appointing outsourced employees. Necessary exercise shall be completed within three months from the date of presentation of certified copy of this 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=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462 503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C 67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.12.10 19:03:26 +05'30' 2025:UHC:11004