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2026 DAILYLAW 3228 (UTT)

AJAY SINGH CHAND AND ORS v. STATE OF UTTARAKHAND

WPSS/463/2025 · 2026-04-09

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:2564 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/464/2025 With WPSS/463/2025 WPSS/465/2025 WPSS/488/2025 WPSS/496/2025 WPSS/497/2025 WPSS/502/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Ankush Singhal, Advocate for the petitioners. 2. Mr. K.N. Joshi, Deputy Advocate General and Mr. Dinesh Bankoti, Brief Holder for the State of Uttarakhand. 3. Mr. Pankaj Chaturvedi, Advocate for respondent nos. 2 & 3. 4. Mr. Neeraj Garg, Advocate for the UPNL/respondent no. 4. 5. Since common questions of law and fact are involved in these petitions, therefore, they are being heard and decided together. However, for the sake of brevity and convenience, facts of WPSS No. 464 of 2025 alone are being considered and discussed. 6. Petitioners were engaged thorough outsourcing agency for discharging duties as Junior Engineer in Jal Jeevan Mission, which was implemented by Uttarakhand Jal Sansthan. According to the petitioners, they were initially engaged for a period of about three 2026:UHC:2564 years till 31.03.2025, and upon expiry of that term, their engagement was not extended any further. 7. By means of this writ petition, petitioners have sought the following reliefs:- “i. Issue a writ, order or direction in the nature of mandamus directing & commanding the respondents to extend the services of the petitioner on the post of Junior Engineer as the petitioners are working for more than last 2-3 years in the said post in the respondent department without any break, as the Jal Jeevan Mission for which the petitioners were appointed is extended till the year 2028. ii. Issue a writ, order or direction in the nature of Mandamus directing the respondents restrain respondents from terminating the services of the petitioners from the said post in question and also to permit them to continue on the posts held by them i.e. Junior Engineer. iii. Issue a writ order or direction in the nature of certiorari quashing the order dated 10/03/2025 issued by respondent No-3 (Annexure No.2) iv. Issue writ, order or direction in the nature of mandamus directing the respondent authority to grant the salary to the petitioners which have not been granted since more than 6 months.” 8. Mr. Pankaj Chaturvedi, learned counsel appearing for Uttarakhand Jal Sansthan submits that as many as 288 regular Junior Engineers were appointed in the year 2025 and after such regular appointment, there is no vacancy left against which petitioners can be engaged. He further submits that petitioners were engaged through outsourcing and an outsourced employee has no lien on the post nor he can claim any right for 2026:UHC:2564 re-engagement, upon expiry of the term. 9. This Court finds substance in the submission made by learned counsel appearing for the Jal Sansthan. 10. Since all the posts of Junior Engineers in Uttarakhand Jal Sansthan have been filled by regular appointment, therefore there cannot be any direction for re-engaging the petitioners on contract through outsourcing agency. 11. Learned counsel for the petitioners then submits that the Jal Jeevan Mission is a centrally funded scheme, which is likely to continue till 2028 and services of Junior Engineers are needed in that scheme, therefore, the respondents be directed to consider petitioners’ claim for engagement against vacancies available in the scheme. 12. The writ petitions are, accordingly, disposed of by permitting the petitioners to make representation(s) to the competent authority. If petitioners make representation(s) within two weeks, the competent authority shall take decision thereupon, as per law, within two months thereafter. (Manoj Kumar Tiwari, J.) 09.04.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82 a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF5 6D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.04.15 18:49:40 +05'30' 2026:UHC:2564