Uttarakhand High Court
Kuldeep vs State Of Uttarakhand And Others on 8 February, 2018
Author: U.C. Dhyani
Bench: U.C. Dhyani
WPSS No.218 of 2018 U.C. Dhyani, J.
Mr. M.C. Pant, Advocate for the petitioner.
Mr. C.S. Rawat, Additional C.S.C. for the State.
Mr. Pradeep Chamyal, Advocate holding brief of Mr. Neeraj Garg, Advocate for the respondent no.4.
By means of present writ petition, the petitioner seeks following reliefs:-
(i) Issue a writ, rule or direction in the nature of certiorarified mandamus directing the respondents to grant the benefit of pay at par to the similarly situated employees in view of the orders dated 30.12.2008 and 30.5.2013 along with arrears and in view of the law laid down by the Apex Court in the case of State of Punjab vs. Jagjit Singh and as per AICTE norms keeping in view the facts highlighted in the body of the petition along with all consequential benefits to quash the order dated 16.8.2017 along with its effect and operation also after calling the entire records from the respondents.
(ii) Issue a writ, rule or direction in the nature of the mandamus declaring the petitioner as a contractual employee of the Institute and UPNL only a placement agency and also to direct the respondents to consider the case of the petitioner for classified them as a permanent and regular, keeping in view the facts highlighted in the body of the petition and further to declare the action of the respondents is unfair labour practice and also against the public policy and quash the same for creating such ostensible employer, employee relationship keeping in view the facts highlighted in the body of the petition and also direct the respondents to prepare a scheme for absorption of the petitioner in regular employment before making any steps for filling up the posts and position occupied by the petitioner from open market. As prayed, four weeks' time is granted to the respondent(s) for filing counter affidavit(s).
List this matter after four weeks. Interim relief application is pressed by the learned counsel for the petitioner, who drew the attention of this Court towards Government order dated 11.3.2015 (annexure-10), order dated 05.12.2017 passed by this Court in WPSS No.3414 of 2017 & Government order dated 16.6.2016 (Annexure no.15).
It is, therefore, provided that in the meanwhile, the respondent no.1 shall consider the grant of minimum of pay scale to the petitioner for the post of Draftsman in view of the decision of Honb'le Apex Court in the matter of State of Punjab & others vs. Jagjit Singh & others, reported in (2017) 1 SCC 148.
Connect this writ petition with WPSS No.211 of 2018.
Interim relief application as well as urgency application stand disposed of.
(U.C. Dhyani, J.) Vacation Judge 08.2.2018 A.kaur