SUSHEEL KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioners have filed instant writ petition seeking following reliefs:

(2.) Brief facts, leading to filing of present writ petition, are that initially Mahayogi Guru Gorakhnath Mahavidhyalaya Bithyani, Yamkeshwar, District Pauri Garhwal (hereinafter referred to as 'the Institution') was being run through its management. The Institution is imparting education upto graduation level. The Committee of Management of the Institution after adopting due selection process granted appointment to petitioner no. 1 on July 1999 and petitioner no. 2 was appointed in the month of December 2011, since then the petitioners are continuously working on class IV posts. The Institution was affiliated to the Hemvati Nandan Bahuguna Garhwal Central University, Srinagar Garhwal, and the Institution constituted a committee for regularization of its non-teaching employees and as per the decision of the committee so constituted on 16.03.2015, the management committee of the Institution passed an order whereby services of the petitioners were regularized.

(3.) Both the petitioners are High School pass and as such are fully qualified to be appointed on the class IV posts. It is stated that on 25.05.2017, the State of Uttarakhand issued a Government Order whereby the Institution was taken into government grant-in-aid and by the said Government Order several posts relating to teaching and non-teaching were created. By way of aforesaid Government Order the Institution was kept under the category of Government aided college and for the said degree college several post including Principal, teaching staff and non-teaching staff were created but except the post of Class IV employee all the posts were created as regular posts but arbitrarily the post of Class IV were created on outsource basis. As per the aforesaid Government Order dated 25.05.2017, the Institution came under government aided college, as such, the salary of all the employees is being paid by the State Government. On 11.08.2017, the Director of Higher Education Uttarakhand, Haldwani (respondent no. 2 herein) passed an order whereby all the employees, who were appointed prior to issuance of the G.O. dated 25.05.2017, i.e., the date on which the Institution came under the category of government aided institution, and includes teaching and non-teaching employees were absorbed against the posts which were created by virtue of G.O. dated 25.05.2017. It is stated that all the employees who were working along with the petitioners in the Institution prior to its coming under grant-in-aid were absorbed / regularized on their respective posts but the petitioners who were working on the Class IV posts had been discriminated. Thereafter, again on 27.09.2018, the State Government issued another Government Order, whereby the Institution was provincial zed / taken over by the Government and the same was declared as Government Degree College and was named as "Mahayogi Guru Gorakhnath Government Degree College, Bithyani, Yamkeshwar, Pauri Garhwal." Pursuant to the aforesaid G.O. dated 27.09.2018, the respondent no. 2 passed an order on 15.05.2019, whereby all the employees, including teaching and non-teaching Class III employees were absorbed as regular employees, but instead of absorbing the petitioners and other Class IV employees as regular employees, they were declared contractual employees through outsourcing.