Uttarakhand High Court
Anuj Khati vs General Manager on 14 February, 2019
Author: R.C. Khulbe
Bench: Ramesh Ranganathan, R.C. Khulbe
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/B) No. 30 of 2019
Anuj Khati ..........Petitioner.
Vs.
General Manager, Uttarakhand Purva Sainik Kalyan Nigam (UPNAL)
and others. ...Respondents
Sri Rahul Consul, learned counsel for the petitioner.
Sri Neeraj Garg, learned counsel for respondent nos. 1 & 2.
Sri Pankaj Chaturvedi, learned counsel holding brief of Sri Rakesh Thapliyal, learned counsel for
respondent no. 3.
Dated: 14th February, 2019
Coram: Hon'ble Ramesh Ranganathan, C.J.
Hon'ble R.C. Khulbe, J.
Ramesh Ranganathan, C.J. (Oral) Heard Sri Rahul Consul, learned counsel for the petitioner, Sri Neeraj Garg, learned counsel for respondent nos. 1 & 2 and Sri Pankaj Chaturvedi, learned counsel holding brief of Sri Rakesh Thapliyal, learned counsel for respondent no. 3 and, with their consent, this writ petition is being disposed of at the stage of admission.
2. The relief sought for in this writ petition is for a writ of certiorari to quash the termination order dated 09.04.2018; a writ of mandamus commanding the respondents to permit the petitioner to continue working as an Assistant Engineer in the Uttarakhand Jal Sanstha at Ranikhet; and a writ of mandamus commanding the respondents to make payment of the arrears of salary to the petitioner for the period he worked as an Assistant Engineer between 28.02.2018 and 28.04.2018.
3. Facts, to the limited extent necessary, are that the petitioner, who holds a Bachelor's Degree in Civil Engineering, was earlier employed in a private construction company in Rajasthan. He applied for employment through the Uttarakhand Purva Sainik Kalyan Nigam (for short 'UPNL'), and got himself enrolled with the said Corporation on 27.02.2018. As there were vacancies of Civil Engineers in the Uttarakhand Jal Sansthan, the Uttarakhand Jal Sansthan sent a requisition to UPNL to fill up the posts and, consequently, UPNL forwarded the candidature of the petitioner, 2 whose services were engaged by the Uttarakhand Jal Sansthan as an Assistant Engineer. The engagement of the services of the petitioner was for a period of fourteen months subject to extension from time to time. Consequently, the term of employment of the petitioner was from 28.02.2018 to 31.03.2019. The Assistant General Manager, UPNL vide letter dated 09.04.2018 withdrew the sponsorship of the petitioner by proceedings dated 09.04.2018. It is the petitioner's case that the Uttarakhand Jal Sansthan still requires Civil Engineers and, consequently, UPNL should send his name for appointment to the Uttarakhand Jal Sansthan.
4. The petitioner is not an employee of the Uttarakhand Jal Sansthan. UPNL is an organization, which provides employees on outsourcing basis to various departments of the Government of Uttarakhand, and its corporations. It had sponsored the petitioner's name for employment in the Uttarakhand Jal Sansthan, which engaged his services. The fact that the petitioner's services were engaged by the Uttarakhand Jal Sansthan, on his name being sponsored by UPNL, does not make the petitioner an employee of the Uttarakhand Jal Sansthan. It is always open to UPNL, which had sponsored the name of the petitioner, to withdraw the sponsorship.
5. We see no error in the proceedings dated 09.04.2018 issued by UPNL. That, however, does not mean that the petitioner would not be entitled to be paid the salary and other emoluments, to which he is entitled to, for the period he worked with the Uttarakhand Jal Sansthan. The petitioner claims that he has not been paid salary and other emoluments for a period of two months from 28.02.2018 to 28.04.2018. If that be so, the Uttarakhand Jal Sansthan is obligated to pay him salary for the said period. Suffice it, in such circumstances, to permit the petitioner to submit a representation in this regard to the Uttarakhand Jal Sansthan which, after verifying whether or not any salary and emolument is due to the petitioner for the aforesaid period, shall take a decision in this regard and, if the petitioner has not been paid the salary and other emoluments due to 3 him for the aforesaid period, shall then make payment to the petitioner within one month from the date of receipt of a certified copy of this order.
6. The petitioner complains that UPNL has not sponsored his name to any other organization. This Court would not, in proceedings under Article 226 of the Constitution of India, issue a mandamus to UPNL to forward the name of the petitioner to any organization for these are all matters for UPNL, in its wisdom, to decide taking into consideration the suitability of the petitioner to be engaged by the said organization. Suffice it, in such circumstances, to permit the petitioner to make a representation to UPNL requesting them to sponsor his name to any organization in the State. We have no reason to doubt that, on such a representation being made by the petitioner, UPNL will give the representation its due consideration and pass appropriate orders, in accordance with law, with utmost expedition and, in any event, not later than two months from the date of receipt of a certified copy of this order.
7. The writ petition stands disposed of accordingly. No costs.
(R.C. Khulbe, J.) (Ramesh Ranganathan, C.J.)
14.02.2019 14.02.2019
Rathour