Shantilal vs State Of Uttarakhand And Others

Ravi Malimath, J

This writ petition is filed in public interest seeking the following reliefs :-

a) Issue a writ, order or direction in the nature of mandamus commanding the respondents to take immediate steps for implementation of the G.O.No.935/XXX(2)/2013-3(15) 2012 dt. 23 September 2013 which relates to providing reservation in the appointments done on contractual basis by UPNL.

b) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the nature and circumstances of the case.

c) Award the cost of the petition.

Shri S.S. Chauhan, learned deputy advocate general appearing on behalf of respondent no. 1, places reliance on the counter affidavit filed by him in Writ Petition (PIL) No. 164 of 2014 vide paragraph no. 3-F, which reads as follows :-

F- That it is further submitted that the personnel department of the State of Uttarakhand has specifically issued a government order dated 23-9-2013, wherein the UPNL has been directed to consider the provisions of reservation while sending the names of the persons to the concerned department and UPNL is a company registered under the Companies Act and the service tax and service charges are being paid by the principal employer and not by the UPNL. It is submitted that any contribution towards EPF or ESI, wherever is applicable being paid by the concerned person, who is being employed. True copy of the government orders dated 23-9- 2013 and 12-6-2013 are being filed herewith and marked as ANNEXURE NO. C.A. 1 AND C.A. 2 to this affidavit.

Hence, in view of the submission made by the learned deputy advocate general for the State, we do not find it necessary to proceed further in this matter.

The writ petition is, accordingly, disposed off.