Uttarakhand High Court
WPSS/588/2019 on 19 March, 2019
Author: Manoj K. Tiwari
Bench: Manoj K. Tiwari
WPSS No.588 of 2019 Hon'ble Manoj K. Tiwari, J.
Mr. Alok Mahra, Advocate for the petitioner.
Mr. S.K. Mishra, Standing Counsel for the State of Uttarakhand/respondent nos. 1 & 2.
Mr. Neeraj Garg, Advocate for respondent no. 3.
Heard learned counsel for the parties. According to the petitioner, he was appointed as Assistant Audit Officer in Sarva Shiksha Abhiyan against the post which was created by Government Order dated 11.03.2005. According to him, there was another Project for Secondary/Higher Secondary Schools known as Rashtriya Madhyamik Shiksha Abhiyan which has now been merged in Sarva Shiksha Abhiyan vide Government Order dated 30.07.2018. Learned counsel for the petitioner has relied upon the integrated manpower structure after merger of two schemes, which is brought on record as Annexure No.6 to the writ petition. Based on the said document, learned counsel for the petitioner submits that the post of Assistant Audit Officer is created in the revised integrated structure. Petitioner is aggrieved by the marching orders issued to him vide order dated 07.03.2019.
Learned counsel for the petitioner contends that petitioner is working continuously as Assistant Audit Officer in Sarva Shiksha Abhiyan from 29.03.2010 and there is no complaint or adverse material against him and now his services have been terminated without any reason or justification. He also referred to letter dated 08.03.2019 issued by an outsourcing agency i.e. Uttarakhand Purv Sainik Kalyan Nigam (UPNL) to respondent no. 2, whereby respondent no. 2 was directed to re-consider his decision in view of pendency of S.L.P. filed by the State against the judgment rendered by Division Bench of this Court, whereby certain directions were issued in favour of employees outsourced through UPNL.
From the perusal of documents brought on record, this Court is prima facie of the opinion that work and post is still available, therefore, termination of services of the petitioner does not appear to be justified in the absence of any adverse material against him.
Learned counsel for the respondents pray for and are granted four weeks' time to file counter affidavit. Two weeks' time thereafter is allowed for filing rejoinder affidavit.
List this matter in the week commencing 06.05.2019.
Considering the submission advanced by the learned counsel for the parties, it is directed that, till the next date of listing, petitioner shall be allowed to work and shall be paid his due remuneration.
Stay application (CLMA No. 3561 of 2019) stands disposed of.
Let a certified copy of this order be issued within 24 hours.
(Manoj K. Tiwari, J.)
Arpan 19.03.2019