2025:UHC:5569-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB/228/2020 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. 1. Mr. M.C. Pant, learned counsel for the petitioner. 2. Mr. V.K. Kaparuwan, learned Central Government Standing Counsel for the Union of India. 3. Petitioners were appointed as Scientist in a Project, named as “Centre for Glaciology”, sponsored by Department of Science & Technology, Government of India, New Delhi, during the year 2012-13. Wadia Institute of Himalayan Geology was to act as Nodal Agency for the said project. 4. As per the stipulation made in the order of appointment, petitioners were appointed till 31.03.2014 or till their services are needed in the Project, whichever is earlier. There was further stipulation that petitioners would be given a month’s notice before terminating their service. Vide order dated 25.06.2020, issued by Department of Science & Technology, Government of India, a decision was taken to discontinue the Centre for Glaciology and it was further provided that Centre for Glaciology will be merged with Wadia Institute of Himalayan Geology w.e.f. 01.07.2020. Due to the said decision taken by the Department of Science & Technology, petitioners were disengaged from service. 2025:UHC:5569-DB 5. Thus, feeling aggrieved, petitioners have approached this Court, seeking the following reliefs:- (i) Issue a writ, rule or direction in the nature of certiorarified mandamus to declare the impugned order dated 25.06.2020 (contained as Annexure No. 1 to the writ petition) and advertisement dated 14.08.2020 (contained as Annexure No. 2 to the writ petition) are arbitrary, irrational, unconstitutional and nonest and to quash the same along with its effect and operation also after calling the entire record from the respondents keeping in view of the highlighted in the body of the petition or to mould the relief appropriately. (ii) Issue appropriate writ rule or direction in the nature of mandamus to direct the respondents to treat the petitioner in service with continuity and all consequential benefits and pay had it been the impugned order were never in existence and further to declare the word used co-terminus and contractual in the appointment letter of the petitioner is misnomer and unfair labour practice and to declare the appointment of the petitioner as substantive and regular and further to direct the respondents to treat the petitioner as regular employee as well as the glaciological research activity as a permanent and perennial work for all purpose keeping in view of the facts highlighted in the body of the petition. (iii) Issue also to direct the respondent to allow the same benefit of pay scale and other benefits including child care leave, LTC bonus, GPF at part of the regular and similarly situated employee of the respondents and also to release their pending dues including their salaries and other benefits and on the revised pay as per 7th Central pay commission together with interest there on. 6. Learned counsel for the petitioners submits that petitioners served for more than seven years in the Centre for Glaciology without any complaint against their work & conduct and some of the petitioners were posted at ‘Kedarnath’ during the time when catastrophe struck in 2013 and they rendered yeomens service, however, their unceremonious disengagement, only on the ground that the Centre for Glaciology is merged with Wadia Institute of Himalayan Geology, is unjust and illegal. He further submits that the Committee, Headed by Nibir 2025:UHC:5569-DB Mandal, Professor, Department of Geological Sciences, Jadavpur University Kolkata, had strongly recommended to create regular post of Scientist in Centre for Glaciology, however, Central Government has overlooked the recommendations made by the Committee while taking the impugned decision. 7. Learned counsel for the petitioners has drawn our attention to a letter 18.03.2020 (Annexure-3 to the rejoinder affidavit) issued by Director, Wadia Institute of Himalayan Geology to the Central Government, wherein he made certain recommendations in favour of petitioners. He further submits that without considering recommendations made by experts, Central Government has taken a decision, which has adversely affected the petitioners. 8. Mr. V.K. Kaparuwan, learned counsel for Union of India, per contra submits that petitioners were engaged on contract with the stipulation that their engagement will last only till 31.03.2014 or till continuance of project, whichever is earlier. He further submits that it was also mentioned in the order of their appointment that their contractual employment will not create any right in their favour. 9. Be that as it may, since petitioners served in Centre for Glaciology, which is a Central Government Funded Project, for considerably long period of time and since the Centre for Glaciology is now merged in Wadia Institute of Himalayan Geology, therefore, it would be in the fitness of things to permit them to request the Central Government to 2025:UHC:5569-DB consider their claim for reappointment as Scientist-B in Wadia Institute of Himalayan Geology. 10. In such view of the matter, we dispose of the writ petition with liberty to petitioners to make representation to the Secretary, Department of Science & Technology for their re-engagement. If petitioners make representation within three weeks from today, decision thereupon shall be taken, within six months thereafter. Petitioners shall also be at liberty to raise other grievances in the representation, including that for unpaid monetary benefits. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 01.07.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005 aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE 3D26F5C22DACF4F4610C1FE58A58531726FBB0 , cn=NITI RAJ SINGH ASWAL Date: 2025.07.01 22:16:17 -07'00' 2025:UHC:5569-DB