HC seeks Govt, HESC reply in staffer’s matter

Prayagraj: The Allahabad High Court on Friday directed the UP government and Uttar Pradesh Higher Education Services Commission (UPHESC) to file their respective replies (counter affidavits) in response to a petition alleging that the Commission was compelling its contractual employees to join as an outsourced employee of a contractor.
While passing the above directive, the court directed that the petitioner shall be allowed to continue in the employment of the Commission in the manner as was being done earlier during the pendency of the petition.
Hearing a writ petition filed by one Mahaboob Ali, Justice Ashwani Kumar Mishra directed to list this case after the expiry of period of two weeks.
The petitioner was engaged as a computer operator/clerk on the contractual basis by the Commission in the year 2011. Subsequently, the Commission started making efforts to engage him as an outsourced employee of a contractor.
Appearing on behalf of the petitioner, his counsel Tanisha J Monir argued that the petitioner had been working satisfactorily for the last 10 years. However, on September 2, 2021, an order was passed by the Commission, which compelled the petitioner to join as an outsourced employee of a contractor.
The court after hearing concerned parties observed, “Prima facie, this court finds no good ground for the Commission to compel the petitioner to function as an outsourced employee of a contractor engaged subsequently by the Commission."
The court while staying the order of September 2, 2021, asked the state government as well as commission to file their respective replies in the case within two weeks and directed to list the case after the expiry of a period of two weeks.