ALLAHABAD HIGHCOURT : सरकारी विभागों में संविदा भर्ती पर रोक न्यायालय ने पूछा, माननीय उच्चतम न्यायालय द्वारा दिये गए आदेश के बाद स्वीकृत पदों पर नियमित भर्ती क्यों नहीं, आदेश देखें।

ALLAHABAD HIGHCOURT : सरकारी विभागों में संविदा भर्ती पर रोक न्यायालय ने पूछा, माननीय उच्चतम न्यायालय द्वारा दिये गए आदेश के बाद स्वीकृत पदों पर नियमित भर्ती क्यों नहीं, आदेश देखें।

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

Court No. - 4

Case :- MISC. BENCH No. - 31208 of 2019

Petitioner :- M/S R.M.S.Technosolutions Pvt.Ltd.Thru.Director
Respondent :- State Of U.P.Thru.Addl.Chief Secy.Revenue & Ors.
Counsel for Petitioner :- Amrendra Nath Tripathi,Arvind Kumar Pandey
Counsel for Respondent :- C.S.C.,Jogendra Nath Verma

Hon'ble Munishwar Nath Bhandari,J.
Hon'ble Vikas Kunvar Srivastav,J.
By this writ petition, a challenge is made to the order dated 25.10.2019 whereby the registration of the service provider has been cancelled. It is without specifying the reason thus, the Standing Counsel was called upon to seek instructions.
In pursuant to the direction of this Court, instructions through letter dated 19.11.2019 have been sent to the Standing Counsel and is taken on record.
The instructions shows cancellation of registration not only of the petitioner but all others so as to formulate a proper scheme to avoid any unfairness in the engagement of the persons through service provider. Many other issues have also been taken there.
The counsel for the petitioner has made a reference of the posts for which service was taken on contract basis. It is even against the sanctioned post to be filled as per rules. The work is however assigned to the person engaged through service provider though the Apex Court in case of State of Karnataka Vs. Uma Devi reported in (2006) 4 SCC 1 directed the Government not to indulge in adhocism rather it should be done away within a period of six months. A period of more than 13 years have already been passed yet the Government is engaging the persons on contract basis through service provider.
Recently, the Apex Court has made a comment over such arrangements as the Government should not run through the contract employees. Thus, while adjudicating the issue prayed in the writ petition, we take cognizance of the arrangement made by the State of U.P. Instead of filling the post on regular basis, it is managed through contractual service through the persons sent by the service provider.
The State Government is directed to explain whether it is permissible after judgment of the Apex Court in the case of Uma Devi (Supra) and why the sanctioned post are not being filled on the regular basis.
Till the aforesaid explanation is given in proper terms, the respondent would not engage service provider to provide contractual employees, if it is against regular sanctioned post.
Let the aforesaid explanation be given by the Government within a week's time.
Let the petition be listed on 27.11.2019.
Order Date :- 20.11.2019
Saurabh

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