Court No. - 58
Case :- WRIT - A No. - 18055 of 2018 Petitioner :- Sandeep Kumar Pachauri And 11 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Krishna Kant Shukla Counsel for Respondent :- C.S.C.,Kailash Singh Kushwaha
Hon'ble Ashwani Kumar Mishra,J.
Petitioners allege that they are working as contractual employees in the department and are aggrieved by an advertisement published by the commission for appointment to the post of Technical Assistant in the Agricultural department of the State.
According to petitioners, they are liable to be given weightage on account of their working for the last several years. Since, no such weightage has been given, the petitioners contend that the advertisement itself be quashed.
The prayer made by petitioners has been opposed by Sri Kailash Singh Kushwaha, learned counsel for the respondents.
Learned counsel for the petitioners has not been able to demonstrate any provision in applicable service rules whereunder petitioners could be held entitled for preference or grant of weightage on account of their alleged working for the last several years.
Even otherwise, it appears that petitioners are employees of private contractors to whom work itself was outsourced. In the absence of any direct relationship between the petitioners and the department, the petitioners would not be entitled to any preference or weightage, particularly, in the absence of any enabling provision in that regard.
However, it shall be open to the petitioners to apply in pursuance of the advertisement and their cases shall be considered as per applicable rules/terms of advertisement.
Subject to above observations, this writ petition is consigned to record.
Order Date :- 24.8.2018 sailesh