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2025 DAILYLAW 72892 (ALL)

AMIT KUMAR ALIAS AMIT CHAUDHARY AND 4 OTHERS v. STATE OF U.P. AND 5OTHERS

WRIA/9507/2025 · 2025-07-13

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:112198 Court No. - 5 Case :- WRIT - A No. - 9507 of 2025 Petitioner :- Amit Kumar Alias Amit Chaudhary And 4 Others Respondent :- State Of U.P. And 5others Counsel for Petitioner :- Jitendra Pal Singh Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh Hon'ble Saurabh Shyam Shamshery,J. Heard Sri Jitendra Pal Singh, learned counsel for petitioners and Sri Ridham Gupta, Advocate holding brief of Sri Kaushalendra Nath Singh, learned counsel for respondent. The petitioners are appointed on the post of Lineman on contract basis by outsourcing. Learned counsel for petitioners submits that petitioners are working for last more than 5 to 6 years and now they are not allowed to serve without any direction/communication or order, oral or written. He further refers a circular dated 26.05.2025 that in such cases, there must be approval of Managing Director of concerned Electricity Distribution Corporation. Learned counsel for respondent on basis of instruction submits that the contract between outsourcing firm and respondent has already been terminated, therefore, the claim based on aforesaid circular does not survived. Learned counsel for petitioners submits that petitioners have no knowledge about the said fact, therefore, he prays that if, contract has already been terminated, petitioners may be granted opportunity to approach new agency as and when a new contract, if any, is executed between outsourcing agency and respondent and on basis of prior service record, they may be considered for appointment. Learned counsel for respondent submits that contract between new agency and respondent has already been executed and they have already provided employees on outsourcing. In the aforesaid circumstances, on basis of above submission and subsequent events, relief sought cannot be granted since there is no relationship between employer and employee, therefore, the writ petition is dismissed. Order Date :- 14.7.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad