Uttarakhand High Court
WPSS/4329/2018 on 8 April, 2019
Author: Manoj K. Tiwari
Bench: Manoj K. Tiwari
WPSS No. 4329 of 2018 Hon'ble Manoj K. Tiwari, J.
Mr. G.D. Joshi, Advocate for the petitioners.
Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand.
Heard learned counsel for the parties. Petitioners were appointed on the post of Data Processing Assistant on contract basis for a period of one year under Birth & Death Registration Programme of Health Department. After expiry of initial contract of one year, their engagement was extended from time to time, however, their engagement has not been extended after 31.03.2017. Thus, feeling aggrieved, petitioners have approached this Court.
A counter affidavit has been filed on behalf of respondent no. 2, in which it is stated that petitioners were engaged in a programme, which was funded by the Central Government and the funding by the Central Government has been stopped from 31.03.2017. Since no funds were available with the State Government for running the aforesaid programme, therefore, engagement of the petitioners was not extended.
Learned counsel for the petitioners has referred to one letter dated 03.07.2017 issued by the Central Government, wherein the State Government was directed to run the said programme out of its own sources.
Since petitioners were engaged purely on contract basis, which has not been extended after 31.03.2017, therefore, no direction can be issued for re-engagement/ re-instatement of the petitioners. However, having regard to the fact that petitioners have gained vast experience while serving under the aforesaid programme which would go waste if fresh hands are engaged in their place, therefore, the writ petition is disposed of with a direction to the respondent no. 1 to consider the claim of the petitioners for re- engagement/re-instatement if funds as well as posts are available for the aforesaid programme.
There will be no order as to costs.
(Manoj K. Tiwari, J.)
Arpan 08.04.2019