SUMAN KUSHWAHA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Utkarsh Birla, learned counsel for the petitioners and Sri Abhishek Srivastava, learned counsel for the respondent nos.2 to 5.

(2.) By means of the present petition, the petitioners herein are seeking for quashing of the decision taken by the Managing Director, U.P. Rajya Vidyut Utpadan Nigam Ltd, Lucknow (in short referred as the "Nigam") dated 19.8.2019 whereby he had approved the proposal of the Chief Engineer/Project Coordinator, Anpara Thermal Power Project for inviting tenders for engagement of service provider to provide manpower for the post of Staff Nurse, X-ray Technician, Lab Technician, Dresser/first Aider and Ward boy/Ward Aaya, (total 11 posts) for the hospital being run in the project. Monthly honorarium to be paid for each category of post has been given in the Office order dated 19.8.2019. Apart from the same, 10% of the total honorarium to be paid to the service provider and the amount to be paid towards E.P.F and E.S.I benefits have also been indicated therein. Thus, the proposal for expenditure of Rs.19,63,773/- + GST submitted by the Project Coordinator/Chief Engineer was approved by the Managing Director of the Nigam.

(3.) The petitioners (excluding petitioner no.7) herein claim to have been appointed on the aforesaid posts sometime in the year 2016.