SUMAN KUSHWAHA Vs. STATE OF U.P.
LAWS(ALL)-2020-1-88
HIGH COURT OF ALLAHABAD
Decided on January 16,2020

Suman Kushwaha Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

SUNITA AGARWAL,J. - (1.) Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Utkarsh Birla, learned counsel for the petitioners and Sri Abhishek Srivastava, learned counsel for the respondent nos.2 to 5.
(2.) By means of the present petition, the petitioners herein are seeking for quashing of the decision taken by the Managing Director, U.P. Rajya Vidyut Utpadan Nigam Ltd, Lucknow (in short referred as the "Nigam") dated 19.8.2019 whereby he had approved the proposal of the Chief Engineer/Project Coordinator, Anpara Thermal Power Project for inviting tenders for engagement of service provider to provide manpower for the post of Staff Nurse, X-ray Technician, Lab Technician, Dresser/first Aider and Ward boy/Ward Aaya, (total 11 posts) for the hospital being run in the project. Monthly honorarium to be paid for each category of post has been given in the Office order dated 19.8.2019. Apart from the same, 10% of the total honorarium to be paid to the service provider and the amount to be paid towards E.P.F and E.S.I benefits have also been indicated therein. Thus, the proposal for expenditure of Rs.19,63,773/- + GST submitted by the Project Coordinator/Chief Engineer was approved by the Managing Director of the Nigam.
(3.) The petitioners (excluding petitioner no.7) herein claim to have been appointed on the aforesaid posts sometime in the year 2016. The petitioner no.7, Krishna Kumar Yadav, as indicated in the writ petition, was appointed in the year 2013 on the post of Pharmacist for a period of one year. His contractual engagement was last extended for a period of three months w.e.f 20.1.2018 vide order dated 16.1.2018. There is nothing on record which would indicate that his services had further been extended. Be that as it may, the order impugned, as noted above, does not pertain to the post of Pharmacist. The petitioner no.7, therefore, cannot be said to be aggrieved by the said decision. In other words, since the post of pharmacist has not been Outsourced, the petitioner no.7, therefore, cannot be allowed to join in the present petition to challenge the aforesaid decision of the Managing Director, U.P. Rajya Vidyut Utpadan Nigam Ltd., Lucknow to Outsource the services of other paramedical staff in Anpara Project hospital. ;


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