A writ petition by an outsourced Lower Division Clerk regarding non-release of salary due to regular appointment was dismissed, with liberty to seek re-engagement in another Government I.T.I. within the district.
Petition disposed with liberty to file representation for re-engagement in another Government I.T.I. within District Uttarkashi within two weeks.
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.
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Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
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| WPSS No.54 of 2022 Hon’ble Man oj Ku m ar Tiw ar i, J. Mr. Amish Tewari, Advocate for the petitioner. Mr. Atul Bahuguna, Standing Counsel for the State of Uttarakhand. Mr. Rajendra Arya, Advocate, holding brief of Mr. Neeraj Garg, Advocate for respondent no. 4. Heard learned counsel for the parties. Petitioner is an outsourced employee serving as Lower Division Clerk in Government I.T.I., Mori, Uttarkashi. Petitioner is aggrieved by a communication issued by Principal of the said I.T.I. on 23.09.2021. By the said communication, petitioner has been informed that a regular employee has joined on the post of Lower Division Clerk, therefore, it is not possible to release salary of the petitioner against the post of Lower Division Clerk. Learned counsel for the petitioner submits that post of Lower Division Clerk is lying vacant in Government I.T.I., Barkot, therefore, petitioner can very well be adjusted there. Learned Standing Counsel points out that there is no such averment in the writ petition, therefore, in the absence of instructions, he is not in a position to make a statement as to whether any vacancy is existing in Government I.T.I. Barkot or not. It is well settled position in law that a casualortemporary employeehasno |
| lien on the post and he cannot stake any |
|---|
| claim for continuance on a post against which a regular appointment has been made. Admittedly, the post in question on which petitioner was appointed has been occupied by a regular incumbent. |
| Thus, there is no scope for any interference with the appointment of a |
| regular incumbent on the post of Lower Division Clerk. However, having regard |
| to the fact that petitioner has been |
| serving as an outsourced employee in |
| Department of Training & Employment since 2014, the writ petition is disposed of with liberty to petitioner to make representation to Director, Training & Employment, Uttarakhand for his re- engagement against available vacancy in some other Government I.T.I. within |
| District Uttarkashi. If he makes such |
| representation within two weeks from today, Director concerned shall take decision thereupon by passing a speaking order within six weeks from the date of production of certified copy of this order. ( Man oj Ku m ar Tiw ar i, J.) 13.03.2023 Arpan |
3 issues framed by the court
Whether a casual or temporary employee has a lien on the post
Whether the writ petition can be disposed of with liberty for re-engagement
Whether the petitioner is entitled to salary release against the vacant post
1 provisions across 1 enactments
Petitioner
State of Uttarakhand
Respondent no. 4
Manoj Kumar Triwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
