Petitioners, outsourced employees fearing replacement by regular transfers, sought to quash a vacancy list. The court held the petition premature as no actual transfer caused legal injury, dismissing it without a permanent bar on future appeals.
The writ petition was dismissed as premature since no legal injury was caused by actual transfer.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| WPSS No. 1124 of 2022 Hon’ble Man oj Ku m ar Tiw ar i, J. Mr. M.C. Pant, learned counsel for the petitioners. Mr. P.S. Bisht, learned Additional C.S.C. for the State of Uttarakhand. Mr. Neeraj Garg, learned counsel for UPNL. Petitioners are outsourced employees, who have been engaged through Uttarakhand Purva Sainik Nigam Ltd. in different Government ITIs’ for performing duties as Instructor, Lower Division Clerk, Store Attendant etc. According to petitioners, vacancies against which they have been engaged are likely to be supplied by transfer of regular employees from other Government ITIs. Thus, apprehending their disengagement, petitioners have filed this writ petition seeking the following relief: - (i) Issue a writ order or direction in the nature of Certiorarified Mandamus to declare impugned list as contained to Annexure No. 1 showing the post vacant is arbitrary, irrational and unjustified and to quash that remark showing the same as vacant and further to direct the respondents not to disturb or create any hindrance in the smooth functioning and working and continuance of the petitioners as on their respective posts and also not to fill up them pursuant to the impugned list or in furtherance to that list along-with all |
| consequential orders if any which are off suits to the impugned order calling entire records from the Respondents, along with its effect and operation also or to mould the relief appropriately, keeping in view the facts highlighted in the body of the petition. Mr. P.S. Bisht, learned Additional |
|---|
| C.S.C. appearing for the State submits that |
| as of now, there is no cause of action |
| available to the petitioners, as no one has been brought on transfer against vacancies |
| in which petitioners are serving. He thus |
| submits that writ petition is pre-mature; |
| therefore, not maintainable, as no legal |
| injury has been caused to the petitioners. |
| This Court finds substance in the |
| submission made by learned State Counsel. Since petitioners have not been disturbed |
| by transfer of regular employees, as |
| apprehended by them, therefore, this Court |
| does not find any reason to interfere in the |
| matter at this stage. Accordingly, writ petition is dismissed, |
| as pre-mature. However, petitioners shall |
| be at liberty to approach this Court again, as and when cause of action arises. ( Man oj Ku m ar Tiw ar i, J.) 05.07.2022 Aswal |
2 issues framed by the court
Whether petitioners can claim legal injury faced by apprehension of transfer of regular employees to their posts.
Whether the writ petition is premature given no actual transfer of regular employees has occurred.
Outsourced employees
State of Uttarakhand
UPNL
Manoj Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
