Allahabad High Court
Durgesh Kumar Maurya And 8 Ors. vs Union Of India And 3 Ors. on 18 April, 2015
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 33
AFR
Case :- WRIT - A No. - 21382 of 2015
Petitioner :- Durgesh Kumar Maurya And 8 Ors.
Respondent :- Union Of India And 3 Ors.
Counsel for Petitioner :- J.P. Tripathi,V.P. Shukla
Counsel for Respondent :- A.S.G.I.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioners and Sri Sanjay Kumar Om, learned counsel appearing for all the respondents.
The present petition has been filed with following prayer:-
" i) Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned advertisement dated 24.3.2015 passed by opposite party no. 4 as contained in Annexure no. 1 to this writ petition so far it relates to the petitioners.
ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to allow the petitioners to continue to work and discharged their duties on the post National Youth Corps and pay them honorarium/salary every month as they were getting earlier and not to create any hindrance in their peaceful working and functioning.
iii) Issue any other suitable order or direction which this Hon'ble Court may deem fit, just and proper under the circumstances of the case in favour of the petitioner.
iv) Allow the writ petition of the petitioner with costs."
Admittedly, the petitioners were engaged as volunteers under National Youth Corps scheme and their period of engagement is over. The engagement was only for a period of two years.
The petitioners have come before this Court challenging the advertisement dated 24.3.2015 inviting applications for engagement of fresh volunteers under the same scheme. The petitioners are seeking continuance under the scheme.
I have perused the record and find that the objective of the scheme itself is to engage young men and women in the age group of 18-25 to serve up to two years in national building activities, for which they would receive a suitable honorarium. The objective of the scheme are quoted as under:-
"The scheme of National Youth Corps (NYC) is to be implemented by amalgamating the two existing volunteer schemes into a new scheme christened 'National Youth Corps'. The Scheme would create a space enabling young men and women in the age group of 18-25 to serve up to two years in nation building activities, for which they would receive a suitable honorarium. The scheme has the following objectives:
To set up a group of disciplined and dedicated youth who have the inclination and spirit to engage in the task of nation building
To facilitate the realization of inclusive growth (both social and economic)
To act as points for dissemination of information, basic knowledge in the community
To act as role models for the younger cohort specially towards enhancement of public ethics, probity and dignity of labour."
The volunteers strength and development also indicates that the development is for a period of two years. The same is also quoted as under:-
"A total of 20,000 voluteers shall be deployed, of which 8000 volunteers shall be deployed in the State of J&K. Out of the 8000 volunteers, 7700 volunteers shall be registered & deployed by the Government of J&K; the rest 300 volunteers shall be deployed by NYKS in J&K. The remaining 12,000 volunteers shall be deployed in the rest of the country. Deployment will only be for two years. In case of drop in the strength of volunteers during the period of their deployment, the shortfall/replacement would be met from an approved reserve list prepared for the purpose at the time of their selection."
Not only this, the petitioners have given their undertaking on a prescribed proforma clearly agreeing to abide by the terms and conditions of the engagement under the scheme. Relevant clauses no. (ii) and (iii) are quoted as under:-
"ii. I understand and am fully aware that after the completion of my tenure as a volunteer under National Youth Corps Scheme, I will not have any right or claim for employment in the deploying agency/Department.
iii. I understand and agree to abide by the terms and conditions of my engagement under the scheme."
In view of the aforesaid fact that the petitioners were engaged as volunteers only for a limited period of two years and as such they have no right whatsoever to continue as volunteer.
This Court is of the opinion that such continuance is not permitted, as it will frustrate the very purpose of the scheme itself. The petition lacks merit and is accordingly dismissed.
Order Date :- 18.4.2015
Lalit Shukla
