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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15833 of 2026 Court No. - 33 HON'BLE MANISH KUMAR NIGAM, J. 1.This petition has been filed for the following reliefs:-
" I. a writ, order or direction in the nature of certiorari quashing the part portion of the order dated 08.01.2026 passed by the respondent no.4 (Annexure No. 14 to this writ petition). II. a writ, order or direction in the nature of mandamus commanding the respondent no.3 and 4 to pay the honorarium of the petitioner month to month directly treating him contract employee on the post of District Program Coordinator /Financial Literacy Specialist without transferring his honorarium to the outsource agency M/s Apeksha Enterprises, G.T. Road, Kanpur."
2. Contention of learned counsel for the petitioner is that petitioner is working as a contractual employee since 2018. The petitioner earlier approached this Court by means of Writ A No. 3493 of 2025, which was disposed of by order dated 05.04.2025. Order dated 05.04.2025, is quoted as under:-
"Heard learned counsel for the parties and perused the records. Petitioner has raised apprehension that in view of the letter issued on 31st January, 2025 by the Director, Mahila Kalyan Evam Bal Vikas Pushtahar, Government of U.P. Lucknow, petitioner who has already been engaged through outsourcing agency, may be disengaged. In the considered view of the Court, any contract employment if has been offered to a person and he has been continuing as such the department cannot proceed to disengage him merely because certain more persons have been engaged. Versus Counsel for Petitioner(s) : Uma Nath Pandey Counsel for Respondent(s) : C.S.C. Sudhir Kumar Yadav .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
In this view of the matter, therefore, I find that apprehension raised by the petitioner is ill found, however I may clarify that in the event respondent proceed to make engagement pursuant to the engagement of Financial Literacy Specialist under work for empowerment of women pursuant to the directions issued by the Director, Mahila Kalyan Evam Bal Vikas Pushtahar, Uttar Pradesh Lucknow dated 31st January, 2025, petitioners continuance on contract basis may not be disturbed. However, liberty always rests with the respondents to proceed in the matter in accordance with law and petitioner always has liberty to approach this Court again as and when any order is passed against him.
With the aforesaid observations and directions, this petition stands disposed of."
3. Learned counsel for the petitioner thereafter submitted that District Probation Officer passed an order dated 08.01.2026 treating the petitioner to be an outsourced employee and directing the outsourcing agency to pay honorarium admissible to the petitioner. It has also been brought to the knowledge of the Court that District Probation Officer, Basti has already referred the matter of the petitioner to respondent No. 2, Director, Mahila Kalyan and Bal Vikas, U.P., Lucknow for being treated as contractual employee by its letter dated 9.04.2026. 4. Learned Standing Counsel has submitted that since District Probation Officer, Basti has already recommended the matter before respondent No. 2, it would be appropriate that respondent No. 2 may take a decision in the light of recommendation made by the District Probation Officer. 5. It has also been submitted by learned counsel for the petitioner that petitioner may be given liberty to file a fresh representation before respondent No. 2 for his grievances. 6. In view of these facts, I am of the opinion that no useful purpose would be served in keeping this petition pending. In case the petitioner files the said representation within ten days from today, the same shall be considered and decided by respondent No. 2 expeditiously, in accordance with law, within a period of twelve weeks thereafter and while deciding the representation, respondent No. 2 shall also consider the recommendation made by District Probation Officer by its letter dated
9.04.2026. WRIA No. 15833 of 2026 2
7. Accordingly, the petition stands disposed of. September 29, 2026 Nitika Sri. WRIA No. 15833 of 2026 3 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad