AJAY KANDWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The instant writ petition has been filed seeking the following reliefs:-

(2.) It is the case of the petitioners that they are posted in Department of Agriculture in the Government of Uttarakhand, on the post of Accountants and Junior Accounts Clerks through Uttarakhand Purv Sainik Kalyan Nigam Limited (for short, "UPNL"); the engagement of the petitioners through UPNL is sham and farce because most of the departments do not have any license under the Contract Labour (Regulation and Abolition) Act, 1970 (for short, "the Act"); that the matter in respect of real employer and rights of the petitioners has been determined in a Public Interest Litigation by this Court in Writ Petition No.116 of 2018 (PIL), in which, various directions were issued for regularization of the employees sponsored through UPNL but, it is challenged before the Hon'ble Apex Court. It is the case of the petitioners that they had been working with all dedications but, despite that an advertisement has been issued by the Government for regular appointment on the posts on which petitioners are working. The petitioners have not been given any preference, relaxation of age, etc. which is violative of the settled law. Therefore, the petitioners have sought quashing of the impugned advertisement dated 05.02.2021 as well as directions to regular appointments of the petitioners on the posts, on which, they are working be considered by the respondents.

(3.) Heard learned counsel for the parties and perused the record.