Court No. - 36
Case :- WRIT - A No. - 9476 of 2020 Petitioner :- Ashutosh Pandey And 21 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Sumitra Singh,Rajesh Kumar Singh Counsel for Respondent :- C.S.C.,Jagannath Maurya
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondent nos. 1 and 2 and Sri J.N. Maurya, learned counsel for the respondent nos. 3 to 6.
As per office report dated 18.1.2021, notice has been served upon the respondent no.7, but neither any counsel has appeared nor vakalanama on his behalf has been filed.
Present petition has been filed for challenging the orders dated 4.8.2020 passed by respondent no. 4 and 20.8.2020 passed by respondent no. 7.
Learned counsel for the petitioners submitted that earlier petitioners were working on contract basis directly with respondent no. 4, but later on they have again deployed through outsourcing agency, namely, M/s BSN Infotech Pvt. Ltd. vide deployment letter dated 14.12.2016 and continue their service. He next submitted that respondent no. 4 vide office dated 4.8.2020 selected new outsourcing agency, namely, M/s Lotus Construction through U.P. Gem Portal. Further, the said agency i.e. respondent no.7 has issued impugned order 20.8.2020 with direction that only those employees shall continue in service whose names are mentioned in its list issued on 13.8.2020.
Learned counsel for the petitioners pointed out that action of respondent nos. 4 & 7 is in gross violation of Government Orders dated 18.12.2019, 18.8.2020, 25.8.2020. The said Government Orders provide in case of selection of new outsourcing agency through U.P. GeM Portal, continuance of other employees earlier working through outsourcing agency shall not be discontinued. He next submitted that during the pendency of writ petition, petitioner nos. 2, 4, 7, 8, 9, 11, 15, 16 and 17 have been again employed after verification of their documents by respondent no. 7 i.e. M/s Lotus Construction. He also submitted that as on date, petitioner nos. 10, 14 and 22 are not in touch with him. Lastly, he submitted that petitioners are not pressing their prayer to quash the orders dated 4.8.2020 passed by respondent no. 4 and 20.8.2020 passed by respondent no. 7 and further submitted that direction may be issued to respondent no. 4 to issue necessary direction to respondent no.7 to verify the qualification or relevant documents of remaining petitioners in light of Government Orders dated 18.12.2019, 18.8.2020, 25.8.2020 and in case, they are found eligible, they may also be appointed as other petitioners were deployed.
Sri J.N. Maurya, learned counsel for the respondent nos. 3 to 6 though opposed the submission of learned counsel for the petitioner, but could not dispute the facts mentioned in the aforesaid Government Orders referred annexed alongwith this petition.
Considering the facts and circumstances of the case, the writ petition is disposed of with liberty to remaining petitioners to file representation before the respondent no. 4 within 10 days from today. In case any such representation is filed, respondent no. 4 shall transmit the same to respondent no.7 alongwith comments about the compliance of the Government Orders dated 18.12.2019, 18.8.2020 & 25.8.2020. In case any such representation alongwith comments is received, respondent no.
7 shall consider and decide the same in accordance with Government Orders dated 18.12.2019, 18.8.2020 and 25.8.2020 as referred in writ petition or any other law occupying the field within a period of two months from the date of production of computer generated copy of this order after verifying the same from official website of Allahabad High Court.
Order Date :- 22.9.2021 Junaid