High court stays hiringof contractualemployees by UP govtUpdated: Nov 23, 2019 00:15 IST
The Lucknow bench of Allahabad high court has restrained the state government from engaging service providers to provide contractual employees against regular sectioned posts, and sought the state government’s explanation on the issue.
The court directed the state government to explain within a week why the sanctioned posts were not being filled and whether it was permissible after judgment of the Supreme Court in the case of “State of Karnataka vs Uma Devi of 2006.”
“Till the aforesaid explanation is given in proper terms, the respondent (state) will not engage service providers to provide contractual employees, if it is against regular sanctioned posts,” the court said.
The order was passed by a division bench comprising justices Munishwar Nath Bhandari and justice Vishal Kunvar Srivastav on a writ petition filed by M/s R M S Technosolutions Pvt Ltd through its director.
The petitioner challenged the government order, dated October 25, 2019, whereby its registration as the service provider had been cancelled without specifying any reason.
The state counsel contended that registration of not only the petitioner but others was cancelled so as to formulate a proper scheme to avoid any unfairness in the engagement of persons through service providers.
Petitioner’s counsel Amrendra Nath Tripathi made a reference of the posts for which service was taken on contract basis and that they were against sanctioned posts to be filled as per rules.
Such work is assigned to persons engaged through service provider although the apex court, in the case of “State of Karnataka vs Uma Devi” had directed the government not to indulge in ad hocism and do away with it within six months.
More than 13 years have already been passed, yet the government is engaging persons on contract basis through service provider, Tripathi added.
The court said that recently the apex court had made a comment over such arrangements and that the government should not run through contractual employees.
“Instead of filling up the posts on regular basis, they are managed through contractual service,” the court said. It listed the case for November 27.
MANOJ KUMAR SINGH