WPSS/586/2021
2021 Latest Caselaw 1735 UK

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                                     WPSS No.586 of 2021
                                     With
                                     WPSS No.587 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

(Via video conferencing).

Mr. Anup Kumar Verma, Advocate, for the petitioners.

Mr. V.S. Rawat, Brief Holder, for the State of Uttarakhand.

Mr. Shailendra Singh Chauhan, Advocate, for the private respondent.

The brief fact, which engages consideration in these two writ petitions are that in Writ Petition No.586 of 2021, "Praveen Singh Mehra Vs. Executive Officer, Nagar Palika Parishad Kichha & others", the petitioner has contended that admittedly he was appointed, as a contractual employee in the Nagar Palika, as Computer Data Operator/Junior Assistant, way back on 06.07.2010.

Similarly in Writ Petition No.587 of 2021, "Vipin Charan Massey Vs. Executive Officer, Nagar Palika Parishad Kichha & others" it is contended by the petitioner, that he was appointed on 01.09.2012, as a House Tax Surveyor, on fixed remuneration, and on contractual basis in the respondent department.

The facts, which emerged from the records of the writ petitions, as would be apparent from the array of parties also, that the petitioners rather by way of pleadings in paragraph no.9 of the writ petitions admit their status to have been working with the respondents, as an out-sourced employee being provided by the service provider i.e. respondent no.4.

The petitioners contend for the grant of the certain service benefits, they have filed a representations dated 23.03.2021 and 25.03.2021 respectively, which is pending consideration before the respondent no.1.

Being conscious of the fact that the petitioners are an out-sourced employee, working as such in the said capacity since August 2018, and were appointed on contractual basis, their terms and conditions of service would be governed obviously by the terms of the contract of service.

Without expressing any opinion on the merits of the matter, the writ petitions stand disposed of with a request to the Executive Officer of respondent no.1, to take a decision on the representations of the petitioners dated 23.03.2021 and 25.03.2021 respectively, exclusively in accordance with law, within a period of two months from the date of production of a certified copy of this judgment.

Subject to the above the writ petitions stand disposed of.

(Sharad Kumar Sharma, J.) 25.05.2021

NR/