DOLATNABI GULNABI PATHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed challenging the communication dated 07.01.2020 bearing No. FIMF/LBRRB/RSETI/408 issued by the respondent No.2 and declare the same to be contrary to the Manual on Human Resource Policy for the outsourced of staff of the Rural Self Employment Training Institute.

(2.) By way of the present challenge, the petitioners who are employees through respondent No.3 have challenged this communication and accordingly, the petitioners on account of the impugned communication, the petitioners who were duly appointed on contractual basis will have to work under a Manpower Services Provider instead of the respondent No.3.

(3.) Learned Advocate for the petitioners submitted that by the impugned communication issued by the respondent No.2-Bank has directed to replace the existing contractual staff through a placement agency giving an option to continue through the MSP (Manpower Service Provider) or to resign. This decision is in contravention with the guidelines issued by the Ministry of Rural Development, Government of India.