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UKHC010124412026
2026:UHC:6084 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2153/2026
IMPCL Officers Association --Petitioner Versus Union of India and others --Respondent
Hon’ble Manoj Kumar Tiwari, J. Mr. Yogesh Upadhyay, Advocate (legal aid) for the petitioner. Mr. V.K. Kapruwan, Standing Counsel for Union of India. 2. By means of present petition, petitioner has sought the following reliefs:
i) Issue a writ, order or direction in the nature of Certiorari quashing the Advertisement dated 01.09.2023, the Expression of Interest (Annexure1 Pg No. 27 to 110) issued pursuant thereto and all consequential actions, including the approval of the successful bidder and the proposed transfer of management control of Indian Medicines Pharmaceutical Corporation Limited (IMPCL), to the extent the same have been undertaken without framing and implementing any policy or scheme safeguarding the service conditions and statutory rights of the existing employees of IMPCL. (ii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to frame and notify a comprehensive Employee Protection Scheme before transferring the management control of IMPCL, ensuring continuity of service, protection of pay and allowances, seniority, age of superannuation, provident fund, gratuity, leave encashment, medical facilities, pensionary and all other existing service benefits of the employees. In alternate:
v) Issue a writ, order or direction in the nature of Mandamus directing the Respondents to formulate, notify and implement a comprehensive policy/scheme for the permanent absorption, shifting and transfer of the existing technical
UKHC010124412026
2026:UHC:6084 pharmacy personnel into or amongst the autonomous bodies, research councils, national institutes and subordinate offices functioning under the administrative control of the Ministry of AYUSH, Government of India, with full protection of continuity of service, seniority, pay, allowances and all consequential service benefits. (vi) Issue a writ, order or direction directing the Respondents, in the alternative and in the event that absorption or transfer of the Petitioners is found to be impracticable, to formulate and implement a comprehensive One-Time Settlement (OTS) Scheme for the affected technical pharmacy personnel, ensuring a full financial and service security package, including compensation equivalent to the salary, allowances, retiral and terminal benefits that would have accrued to them till the normal age of superannuation, i.e., 60 years, together with all consequential benefits. 3.
3. Formulation of policy is an executive function, and this Court cannot direct the Central Government or State Government to formulate policy in a particular manner. Thus, the reliefs as claimed cannot be granted. 4. The writ petition is, however, disposed of with liberty to petitioner to raise the issues before the competent authority by making representation. (Manoj Kumar Tiwari, J.) 20.07.2026 Mahinder/
MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f 031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC46 26D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2026.07.20 19:26:04 +05'30'