Uttarakhand High Court
Harish Chandra Joshi And Other ... vs State Of Uttarakhand And Another on 10 January, 2025
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
Writ Petition (SS) No. 1897 of 2024
Harish Chandra Joshi and Other ...Petitioners
Vs.
State of Uttarakhand and Another ...Respondents
With
Writ Petition (SS) No. 1373 of 2023
Zubair Alam and Another ...Petitioners
Vs.
State of Uttarakhand and Another ...Respondents
With
Writ Petition (SS) No. 670 of 2024
Pradeep Kumar Joshi and Others ...Petitioners
Vs.
State of Uttarakhand and Others ...Respondents
With
Writ Petition (SS) No. 768 of 2024
Suresh Bhatt and Others ...Petitioners
Vs.
State of Uttarakhand and Others ...Respondents
With
Writ Petition (SS) No. 1047 of 2024
Akhilesh Singh Rana ...Petitioner
Vs.
State of Uttarakhand and Others ...Respondents
Writ Petition (SS) No. 1121 of 2024
Brijpal and Others ...Petitioners
Vs.
State of Uttarakhand and Others ...Respondents
With
Writ Petition (SS) No. 1294 of 2024
Sudha Maher ...Petitioner
2
Vs.
State of Uttarakhand and Others ...Respondents
With
Writ Petition (SS) No. 1473 of 2024
Nitin Pawar and Others ...Petitioners
Vs.
State of Uttarakhand and Others ...Respondents
With
Writ Petition (SS) No. 1475 of 2024
Saurabh Kumar and Others ...Petitioners
Vs.
State of Uttarakhand and Others ...Respondents
With
Writ Petition (SS) No. 1552 of 2024
Ravindra Bhandari and Others ...Petitioners
Vs.
State of Uttarakhand and Others ...Respondents
With
Writ Petition (SS) No. 1581 of 2024
Ravikant Kothiyal and Another ...Petitioners
Vs.
State of Uttarakhand and Others ...Respondents
With
Writ Petition (SS) No. 1583 of 2024
Arun Jhaldiyal and Others ...Petitioners
Vs.
State of Uttarakhand and Others ...Respondents
With
Writ Petition (SS) No. 1586 of 2024
Mohit Mishra and Others ...Petitioners
Vs.
State of Uttarakhand and Others ...Respondents
3
With
Writ Petition (SS) No. 1598 of 2024
Sunil Singh ...Petitioner
Vs.
State of Uttarakhand and Others ...Respondents
With
Writ Petition (SS) No. 1638 of 2024
Pankaj Joshi and Another ...Petitioners
Vs.
State of Uttarakhand and Others ...Respondents
With
Writ Petition (SS) No. 1644 of 2024
Deepak Kumar Tamta and Others ...Petitioners
Vs.
State of Uttarakhand and Others ...Respondents
With
Writ Petition (SS) No. 1690 of 2024
Paras Singh and Others ...Petitioners
Vs.
State of Uttarakhand and Others ...Respondents
With
Writ Petition (SS) No. 1700 of 2024
Deepak Uniyal and Another ...Petitioners
Vs.
State of Uttarakhand and Others ...Respondents
With
Writ Petition (SS) No. 1873 of 2024
Mohd. Aamir Siddiqui ...Petitioner
Vs.
State of Uttarakhand and Others ...Respondents
With
Writ Petition (SS) No. 1885 of 2024
4
Darshan Singh Kathayat and Others ...Petitioners
Vs.
State of Uttarakhand and Others ...Respondents
With
Writ Petition (SS) No. 1954 of 2024
Ambi Nath Goswami and Others ...Petitioners
Vs.
State of Uttarakhand and Others ...Respondents
With
Writ Petition (SS) No. 1955 of 2024
Mukesh Uniyal and Others ...Petitioners
Vs.
State of Uttarakhand and Another ...Respondents
With
Writ Petition (SS) No. 1967 of 2024
Ashish Kumar and Others ...Petitioners
Vs.
State of Uttarakhand and Another ...Respondents
With
Writ Petition (SS) No. 1968 of 2024
Harish Chandra Joshi and Others ...Petitioners
Vs.
State of Uttarakhand and Another ...Respondents
With
Writ Petition (SS) No. 1969 of 2024
Girish Chandra Patni ...Petitioner
Vs.
State of Uttarakhand and Others ...Respondents
Presence:
1. Mr. D.S. Patni, learned senior counsel assisted by Mr. Himanshu
Yadav, learned counsel for the petitioners.
5
2. Mr. Sandeep Tiwari, Mr. Yogesh Kumar Sharma, Ms. Devika
Tiwari, Mr. Bhupesh Kandpal and Mr. A.M. Saklani, learned counsel
for the petitioners in the connected writ petitions.
3. Mr. Rajeev Singh Bisht, learned Additional C.S.C. for the State.
Hon'ble Rakesh Thapliyal, J. (Oral)
In all these writ petitions the petitioners are those
who were engaged by a rigid selection process on contractual
basis on the post of Junior Engineer (Civil). Most of the
petitioners in this bunch of writ petitions have rendered their
services on contractual basis for last more than 10 years.
2. In the meantime, a regular selection process to fill-up
the post of Junior Engineer (Civil) by way of direct recruitment
were initiated by the Uttarakhand Public Service Commission on
the requisition sent by the department for filling up 252 posts of
Junior Engineer (Civil/Technical/Electrical/Mechanical). The
selection process was commenced pursuant to the advertisement
issued by the Commission on 14.10.2023.
3. Pursuant to the aforesaid selection process 210 Junior
Engineer (Civil), 16 Junior Engineer (Technical), 24 Junior
Engineer (Electrical) and 2 Junior Engineers (Mechanical) were
selected, appointed and joined. One post of Junior Engineer
(Civil) kept vacant in compliance to the interim order passed by
this court on 29.08.2024 in WPSS No. 1332 of 2024 'Nitesh
Rawat vs. State'.
4. After the regular selection process 71 posts fell
vacant against which some of the contractual employees were
permitted to continue by virtue of interim order passed by the
Coordinate Bench of this court. The State also pointed out that
though the interim orders were passed in favour of total 83
incumbents; however, since only 71 posts were available,
therefore, only 71 contractual employees were permitted to
continue.
5. During the period when the selection process were
going on the State Government issued a Government Order dated
04.07.2024, whereby, the extension were given to 15 contractual
employees.
Subsequently, another Government Order was issued
on 18.07.2024 for extension of 169 other contractual employees.
Pursuant to said Government Order Engineer-in-
Chief/Head of the department issued an Office Letter on
23.07.2024 addressed to all the Chief Engineers of Regional
Offices/NH/Public Works Department of district Pauri,
Dehradun, Almora and Nainital, whereby, the extension were
given to 150 contractual employees by stipulating condition by
giving one day break till the regular selections are made or for
one year, whichever is earlier.
Thus, in view of the Government Order dated
04.07.2024 pursuant to which the department issued the office
letter dated 20.07.2024 the extension were given to 15
contractual employees and similarly pursuant to Government
Order dated 18.07.2024 by office letter dated 23.07.2024
extension were given to 150 contractual employees. Thus, in total
the extension were given to 165 contractual employees and while
giving extension Government was fully aware about the regular
selection process.
6. After regular selections various writ petitions were
filed, which are also listed before this court today in which the
Coordinate Bench passed an order that "till the next date of
listing the respondents are restrained from interfering in the
functioning of the petitioners to the post of Junior Engineer
(Civil)". These interim orders were passed in 20 writ petitions,
reference of which has been given in paragraph-14 of the short
counter affidavit of respondent no. 2 dated 18.10.2024.
7. Now, in all these writ petitions the contention of the
petitioners are that they were selected by a rigid selection process
on the post Junior Engineer on contractual basis and since last
more than ten years they continued and if at this stage they will
be ousted from job then they will be deprived from their right to
livelihood.
8. It is further argued that most of the petitioners have
become now overage, therefore, there is no possibility that in
future they may get an employment. It is further argued that in
one such PIL i.e. WPPIL No. 116 of 2018 the Division Bench of
this court directed the State Government to frame a scheme to
regularize the outsourced employees working since last more
than ten years.
9. Learned counsel for the petitioners submit that all
these petitioners are in a better footing of outsourced employees
since by facing rigid selection process they were appointed on
contractual basis and continued for more than ten years,
therefore, keeping in view of the judgment passed by the
Division Bench in the aforesaid PIL, which in fact was also
affirmed by the Hon'ble Apex Court they have to be absorbed.
10. On the other side, learned Additional C.S.C. Mr.
Rajeev Singh Bisht submits that the petitioners with open eyes
accepted the terms and conditions of their contractual
appointment and once they accept the terms and conditions of
their contractual appointment they cannot claim for their
continuation and regularization. He further argued that 71
contractual employees were already permitted to continue by
virtue of interim orders passed by the Coordinate Bench,
therefore, since vacancies are not available the remaining
petitioners cannot be adjusted.
11. On the previous date, the Secretary of the department
also joined the proceeding and he has given certain breakup of
the vacancies, which is reflected in my order dated 20.11.2024
and as per that breakup against 78 posts 71 contractual employees
were permitted to continue. On that day learned senior counsel
Mr. D.S. Patni, placed before this court details of some more
vacancies of irrigation department, wherein, the similar post are
vacant and, in such an eventuality, the Secretary to the
Government assured that he will discuss the issue with the Chief
Secretary to find out the way to accommodate these petitioners in
other departments who have rendered their services for last more
than ten years. Yesterday, learned senior counsel Mr. D.S. Patni
also placed before this court some more detail of the vacancies as
per the information obtained under RTI Act, copy of which was
supplied to the learned Additional C.S.C. Mr. Rajeev Singh
Bisht; however, Mr. Rajeev Singh Bisht submits on instructions
that this figure are not correct and even as on today only 71
vacancies are available.
12. In response to this, learned senior counsel Mr. D.S.
Patni submits that there are other vacancies in which the existing
incumbents have been promoted to higher posts and details of
hose vacancies are not being placed before this court by the
respondents. This is a peculiar case in which admittedly these
petitioners were working since last more than ten years and at
this stage when they have rendered more than ten years of
services in the department and most of them now become over
age, if they are ousted from job, certainly they will be deprived
from their right to livelihood.
13. The State being an employer are under legal
obligation to frame a scheme for continuing all these petitioners
keeping in view of the direction issued by the Division Bench in
the PIL as aforesaid, which has been affirmed by Hon'ble
Supreme Court. The respondent/State cannot take this plea that
the vacancies are not available; if the vacancies are not available
being the State and the employer they are under legal obligation
to create the supernumerary posts.
14. No doubt, by virtue of the interim orders passed by
the Coordinate Bench some of the contractual employees have
been permitted to continue and here admittedly during the regular
selection process the Government also took a decision for
extending the tenure of 150 contractual employees subject to this
condition that they will continue till the regular selection are
made and now regular selection are made, therefore, merely on
the ground that the regular selections are made they cannot be
discontinued particularly when they rendered more than ten years
of service in the department.
15. Be that as it may, admittedly, most of the petitioners
rendered their services for more than ten years, therefore, this
court is of the view that the interim orders passed by the
Coordinate Bench is required to be modified with a direction to
the respondent/State to take a decision within a month for
creation of supernumerary post in order to adjust / accommodate
those contractual employees, who have rendered their services
since last more than ten years.
16. Consequently, the interim orders passed by the
Coordinate Bench in all the connected writ petitions which are
also listed today, the reference of which has been given by
respondent no. 2 in short counter affidavit in paragraph-14 are
modified and the respondents are directed to permit those
contractual employees, who are the petitioners herein, in order of
their length of services and for remaining petitioners the State
Government is directed to take a decision for creating
supernumerary post in order to adjust them.
17. Learned Additional C.S.C. Mr. Rajeev Singh Bisht
informed to this court that against the remaining 71 vacancies in
which the contractual employees are continuing pursuant to the
interim order passed by the Coordinate Bench of this court the
further requisition has already been sent to the Commission on
10.10.2024.
18. Since, this Court already directed to the Government
to frame a scheme for those contractual employees, who were
appointed through a rigid selection process and rendered their
services since last more than ten years by taking a decision for
creating supernumerary posts and further remaining petitioners
are permitted to continue against 71 posts the requisition of
which has been sent to the Commission by modifying the interim
orders passed by Coordinate Bench, therefore, till such time a
decision is taken by the State the recruiting body is restrained
from proceeding further with the selection process pursuant to the
requisition sent by the Government on 10.10.2024.
19. Put up these bunch of petitions on 03.03.2025.
(Rakesh Thapliyal, J.)
10.01.2025
PR
