Saurabh Chandra Rohilla And Others v. Union Of India, Through The Secretary And Others

Arun Bhansali, J.:— It is submitted by learned counsel for the petitioners that pursuant to the advertisement-2015 (Annex.-2), they were engaged on contract on various posts after undergoing the requisite written test etc. and are working with the project since then.

2. Submissions have been made that only because the engagement came to an end on 31.03.2019 and as elections to the Lok Sabha have been declared, the respondents in the said context instead of extending the engagement of the petitioners are seeking to engage staff through outsourcing agencies.

3. Submissions have been made that action of the respondents essentially amounts to replacing the existing contractual employees with fresh contractual employees even, if the purported reason indicated is inability to extend contract of the petitioners, which cannot be permitted.

4. In view of the submissions made, issue notice. Issue notice of the stay application also, returnable in three weeks.

5. Notices when issued be given ‘dasti’ to the learned counsel for the petitioner.

6. In the meanwhile, the respondents, in case, they have required from outsourcing agency to engage/provide persons for the positions the petitioners are working, shall continue with the petitioners and in case, any additional workmen are required, the same may be engaged through the outsourcing agency.