Raj Kumar Yadav and Another v. State of U.P. Through Prin. Secy. Medical and Health Lko. and Or

Court No. - 8 Case :- WRIT - A No. - 55 of 2012 Petitioner :- Raj Kumar Yadav And Another Respondent :- State Of U.P. Through Prin. Secy. Medical And Health Lko. And Or Counsel for Petitioner :- Pt. S.Chandra Counsel for Respondent :- C.S.C.,A.R.Khan,Abdul Razzaq Khan Hon'ble Dinesh Kumar Singh,J.

¶1Heard learned counsel appearing for the petitioners and Sri Sandeep Sharma, learned Standing Counsel appearing for the State.

¶2Present petition under Article 226 of the Constitution of India has been filed seeking quashing of the order dated 18.10.2011 passed by the Chief Medical Superintendent of the District Gonda.

¶3Vide order dated 06.07.2023, this Court directed the learned Standing Counsel to produce the original record in respect of M/S Sanya Construction Company, an outsourcing Agency, through which the petitioners were allegedly employed and details of workmen employed through M/S Sanya Construction Company.

¶4Mohd Azam, Acting C.M.S., Gonda who is present in the Court, has produced original record.

¶5The Court has perused the original record. It appears that the petitioners were employed after March, 2011 through the said outsourcing Agency and were paid wages by the said Agency, out of remuneration paid from the office of C.M.O.

¶6In the record of the writ petition, there is nothing to show that the petitioners were paid any wage by the office of C.M.O. after March, 2011. The petitioners had not worked after July, 2011, nor any wage was paid to them.

¶7After some arguments, Sri Pt S.Chandra, learned counsel appearing for the petitioners submits that the petitioners would be satisfied, if some directions be issued to C.M.O. to see that they are employed through a new outsourcing Agency which is Mechanized Cleaning & Gardening Service Provider M/s A.N. Kapur (Janitors) Pvt. Ltd.

¶8Sri Sandeep Sharma, learned Standing Counsel on instructions submits that the respondents would not have much objection to the aforesaid contention.

¶9The petitioners had rendered service since 2008 till July 2011. In view thereof, present writ petition is disposed of with a direction to the C.M.O. Gonda to see that the petitioners get employment in medical colleges or hospitals in district, as the case may be, through outsourcing agency namely, Mechanized Cleaning & Gardening Service Provider M/s A.N. Kapur (Janitors) Pvt. Ltd within a period of one month and pay admissible wages from date of their joining. (Dinesh Kumar Singh, J.) Order Date :- 12.7.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench