Uttarakhand High Court Safeguards Jobs of Outsourced Forest Department Employees

Court rules that employment cannot be terminated solely due to changes in salary payment structure

In a significant judgment, the Uttarakhand High Court has ruled in favor of outsourced employees of the Uttarakhand Forest Department, stating that their engagement cannot be discontinued solely on the grounds of changes in the salary head under which their wages are disbursed. This decision was delivered by Justice Manoj Kumar Tiwari, addressing a series of petitions filed by Dinesh Chauhan and others against the State of Uttarakhand.

The court examined the issue where the employment of outsourced personnel was being terminated due to a shift in the salary budget head, despite their services still being required by the department. The petitioners, represented by a team of advocates including Mr. Abhijay Negi and Mr. Vinod Fulara, contended that their disengagement was unjust as it was based solely on administrative changes rather than any lack of necessity for their roles.

Justice Tiwari emphasized that the mere administrative shift in the payment structure should not be grounds for terminating employment. He stated that the petitioners should continue to serve provided there is work and a post available in the respective divisions of the forest department. The judgment also highlighted that the petitioners' arrears and regular wages must be paid on a month-to-month basis, and any difficulties in payment should be resolved by the state government. Furthermore, the court directed that all arrears be cleared within six weeks.

The judgment also referenced an earlier order by a coordinate bench, which had stayed the effect of the government orders dated 18.07.2023 and 17.11.2023, citing that the petitioners' services were still necessary for the department. The bench had criticized the forest department's reasoning for payment issues, noting that the employees had been engaged due to departmental requirements and that the necessity for their roles still existed.

The court's decision is a notable example of judicial intervention to protect workers’ rights, especially those employed through outsourcing mechanisms, and ensures that administrative changes do not adversely affect their employment status.

Bottom Line:

Outsourced employees of Uttarakhand Forest Department - Engagement cannot be discontinued solely on the ground of change in the salary head under which their wages are to be paid.

Statutory provision(s): Service Law.

Dinesh Chauhan v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc Id # 2820978