Temporary employees engaged through outsourcing agencies cannot claim regularization based on their length of service.

JUDGMENT

Ravindra Maithani, J. - The instant writ petition has been filed seeking the following reliefs:-

"I. To issue any appropriate writ rule or direction in the nature of Certiorarified mandamus quashing the impugned advertisement dated 05.02.2021 (contained as Annexure No.1 to the writ petition); as unreasonable arbitrary, unconstitutional and unjust and to struck down and quash the same along with its effect and operation also after calling the entire record from the respondent or to mold the relief appropriately keeping in view of the facts and circumstances of the case highlighted in the body of the petition.

II. To issue appropriate order or direction by directing the respondent, first to consider the case of the petitioners for regular appointment on the basis of keeping in view the fact highlighted in the body of the petition. And also issue a writ of mandamus by restraining the respondent not to fill up those vacancies which are against which the petitioners have been working by giving them preference, weightage relaxation of age and qualification before making any fresh exercise of recruitment from open market.

III. To issue any writ, rule or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

IV. Award to the cost of the petition."

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.

4. Learned counsel for the petitioners would submit that the petitioners have been working in the department since 2010 or 2013, they are fully qualified; in the impugned advertisement, no age relaxation or preference to their experience has been given, whereas, on the earlier occasions, the Government vide Government Orders has accorded such benefits to the experienced persons. The petitioners ought to have been absorbed on the posts on which they are working in view of the length of services they have put in.

5. To a pointed query of the Court, learned counsel for the petitioners would submit that the rules which govern appointment of the posts for recruitment of which, the advertisement has been issued, does not prescribe for giving preference to such experience, which the petitioners are carrying.

6. On behalf of the State, it is submitted that in fact, the last date for submission of application form has already expired.

7. On behalf of the respondent no.5, learned counsel would submit that provisions of the Act are not applicable in the instant case. Respondent no.5 is a recruiting agency.

8. It is the case of public employment, no one has a preferential right in such employments unless the rules provide for it; the rules framed under the statute must