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2025:UHC:11532

Office Notes,

reports, orders

or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with

Signatures

WPSS/ 2231/ 2025

Hon’ble Manoj Kum ar Tiw ari, J

1. Mr. Tushar Prajapati, learned

counsel for the petitioner.

2. Mr. N.K. Papnoi, learned Standing

Counsel for the State of Uttarakhand.

3. Petitioner was reportedly engaged

under Mahatma Gandhi National Rural

Employment Guarantee Scheme in Rural

Development Department, as Computer

Programmer in 2013. His engagement

was discontinued by Chief Development

Officer, Nainital, vide order dated

19.07.2025. Thus, feeling aggrieved,

petitioner has approached this Court

challenging the order dated 19.07.2025.

4. It is contended that petitioner’s

engagement is discontinued with total

non-application of mind. The removal

order is passed in colourable exercise of

power for extraneous reasons and there

is no reference to any misconduct,

allegedly committed by petitioner.

5. Learned State Counsel, however,

submits that complaint against the

petitioner was that he avoids performing

duty and shifts responsibility to other

employees. He further submits that

petitioner uses intemperate language

and disobeys lawful orders of his

Superior Authorities.

6. Upon perusal of impugned order,

this Court is prima facie satisfied that the

material for discontinuing petitioner’s

2025:UHC:11532

engagement is not sufficient. Since

petitioner has served for twelve long

years as outsourced employee,

therefore, he has earned certain rights,

which cannot be taken away in such a

cursory manner.

7. Having regard to the facts of the

case, the writ petition is disposed of with

liberty to petitioner to make

representation for his re-engagement.

Along with his representation, petitioner

will file an undertaking in the shape of an

affidavit that he will discharge all lawful

duties as are assigned to him by his

Superior Authorities, and in case of any

failure on his part to discharge assigned

duties, he shall be liable to be

disengaged. Subject to petitioner’s

making representation and filing

affidavit, as above, within two weeks

from today, decision thereupon shall be

taken by Chief Development Officer,

Nainital, sympathetically, within three

weeks thereafter.

(Manoj Kumar Tiw ari, J)

23.12.2025

Aswal

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2025:UHC:11532