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ANAND PATHAK
ABHISHEK RAGHUVANSHI – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
ORDER : – By filing this petition under Article 226 of the Constitution of India, the challenge has been made to the order dated 10-12-2021 and 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 dated 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 dated 10-12-2021; whereby, the respondent No. 3 has been authorized to ou
The main legal point established in the judgment is the lack of an employer-employee relationship between the petitioners and the State Government, as well as the discretion of the contractor in plac....
Courts should refrain from interfering with the policy matters of the State and one set of contractual employees cannot be replaced by another.
The main legal point established in the judgment is that a writ petition by an outsourced employee against a private entity is not maintainable.
Employees appointed in temporary units on contractual basis are not entitled to absorption or regularization, as their initial appointment was not on permanent sanctioned posts.
Less than five years of service does not justify claims for regularization of contractual employment under relevant government rules.
The employment dispute of the petitioner, who was engaged through service/manpower providers, should be addressed through appropriate remedies before the competent forum.
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