SANDEEP KUMAR PATHAK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By filing this petition under Article 226 of the Constitution of India, the challenge has been made to the order dtd. 10/12/2021 (Annexure P-4) passed by the respondent no.2; whereby it has been decided to outsource the services through the Outsourcing Agency and has also directed to conduct the fresh selection for appointment on the post of Assistant Grade- III/Data Entry Operator by conducting an open written examination.

(2.) The brief facts leading to filing of this case are that the respondent no.2 had issued the directions dtd. 25/1/2018 by which the procedure for appointment of Assistant Grade-III/Data Entry Operator through the outsourcing agency is envisaged. The petitioners were initially appointed as Assistant Grade-III/Data Entry Operator in their respective schools after appointment on contractual basis through the Outsourcing Agency namely; World Class Services Limited. The petitioners were performing their duties honestly and sincerely and their services were extended from time to time. To the utter surprise of the petitioners, the respondent no.2 issued the impugned order dtd. 10/12/2021; whereby the respondent no.3 has been authorized to outsource the services by conducting fresh selection for appointment of Assistant Grade-III/Data Entry Operator.

(3.) The learned counsel for petitioners relied on the judgment delivered in Writ Appeal No.418/2017 (State of M.P. Vs. Puneet Mohan Khare) to contend that in similar situation, the Division Bench had disposed of the Writ Appeals by modifying the order passed by the learned Single Judge as follows :-