ABHISHEK RAGHUVANSHI Vs. STATE OF M.P.

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 & 28/12/2021 (Annexure P-1 and P/2 respectively) 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 issued 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; MPCON Ltd. 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 while relying on the judgment delivered by Division Bench of this Court in Writ Appeal No.418/2017 (State of M.P. Vs. Puneet Mohan Khare) contends that in similar set of facts, the Division Bench has held that contractual employees cannot be substituted by another set of contractual employees by State Govt.