High Court · 2025

1. Mr. M.C. Pant , learned counsel for t he pet it ioner. 2. Mr. learned V.K. Cent ral Governm ent St anding Counsel for t he Union of I ndia. Kaparuwan, appoint ed Glaciology” ,

3. Pet it ioners were Scient ist in a Proj ect , nam ed as “ Cent re Depart m ent of Science & Technology, Governm ent of I ndia, New Delhi, during t he year 2012- 13. Wadia I nst it ut e of Him alayan Geology was t o act as Nodal Agency for t he said proj ect . sponsored t ill not ice a m ont h’s

4. As per t he st ipulat ion m ade in t he order of appoint m ent , pet it ioners were appoint ed t heir t ill 31.03.2014 or services are needed t he Proj ect , whichever is earlier. There was furt her t hat pet it ioners would be st ipulat ion before t heir service. Vide order t erm inat ing dat ed 25.06.2020, issued by Depart m ent of Science & Technology, Governm ent of t o decision was I ndia, discont inue t he Cent re for Glaciology and it was furt her provided t hat Cent re for Glaciology will be m erged wit h Wadia I nst it ut e of Him alayan Geology w.e.f. 01.07.2020. Due t o t he said decision t aken by t he Depart m ent of Science & Technology, pet it ioners were disengaged from service. t aken a Thus, feeling aggrieved, pet it ioners 5. have approached t his Court , seeking t he following reliefs: - ( i) t o I ssue a w rit , rule or direct ion t he nat ure of cert iorarified m andam us t o declar e t he im pugned order dat ed 25.06.2020 ( cont ained as Annexure No. 1 t he writ pet it ion) and advert isem ent dat ed 14.08.2020 ( cont ained as Annexure No. 2 t o t he w rit pet it ion) are arbit rary, irrat ional, unconst it ut ional and nonest and t o quash t he sam e along wit h it s effect and operat ion also aft er calling t he ent ire recor d from t he respondent s k eeping in view of t he highlight ed in t he body of t he relief appropriat ely. t he pet it ion or t o m ould it been service wit h ( ii) I ssue appropriat e writ rule or direct ion in t he nat ure of m andam us t o direct t he respondent s t o t r eat t he cont inuit y and all pet it ioner consequent ial benefit s and pay had t he im pugned order were nev er in exist ence and furt her t o declare t he word used co- t erm inus and cont ract ual m isnom er and unfair labour pract ice and t o declare t he appoint m ent of t he pet it ioner as subst ant ive and regular and furt her t o direct t he respondent s t o t reat t he pet it ioner as regular em ployee as well as t he glaciological research act ivit y as a perm anent and per ennial work for all purpose keeping in view of t he fact s highlight ed in t he body of t he pet it ion. t he appoint m ent t he pet it ioner let t er of ( iii) I ssue also t o direct t he respondent t o allow t he sam e benefit of pay scale and ot her benefit s including child car e leave, LTC bonus, GPF at part of t he r egular and sim ilarly sit uat ed em ploy ee of t he r espondent s and also t o r elease t heir pending dues including t heir salaries and ot her benefit s and on t he revised pay as per 7 t h Cent ral pay com m ission t oget her wit h int er est t here on. t he Cent re

6. Learned counsel for t he pet it ioners subm it s t hat pet it ioners served for m ore t han seven years Glaciology wit hout any com plaint against t heir work & conduct and som e of t he pet it ioners were post ed at ‘Kedarnat h’ during t he t im e when cat ast rophe st ruck in 2013 and t hey rendered yeom ens service, however, t heir uncerem onious disengagem ent , only on t he ground t hat t he Cent re for Glaciology is m erged wit h Wadia I nst it ut e of Him alayan Geology, is unj ust and illegal. He furt her subm it s t hat t he Com m it t ee, Headed by Nibir Professor, Depart m ent Mandal, Geological Sciences, Jadavpur Universit y Kolkat a, had st rongly recom m ended t o creat e regular post of Scient ist in Cent re Cent ral t he Governm ent t he recom m endat ions Com m it t ee while t aking t he im pugned decision. overlooked Glaciology, however, m ade t o a Learned counsel for t he pet it ioners 7. has drawn our at t ent ion let t er 18.03.2020 ( Annexure- 3 t o t he rej oinder affidavit ) issued by Direct or, Wadia I nst it ut e of Him alayan Geology t o t he Cent ral Governm ent , wherein he m ade favour of cert ain recom m endat ions pet it ioners. He t hat recom m endat ions wit hout considering m ade by expert s, Cent ral Governm ent t aken a decision, which has adversely affect ed t he pet it ioners. furt her subm it s V.K. Kaparuwan,

8. Mr. learned counsel for Union of I ndia, per cont ra subm it s t hat pet it ioners were engaged on cont ract wit h t he st ipulat ion t hat t heir engagem ent will last only t ill 31.03.2014 or t ill cont inuance of proj ect , whichever is earlier. He furt her subm it s t hat it was t heir also m ent ioned appoint m ent cont ract ual em ploym ent will not creat e any right in t heir favour. t he order of t hat t heir

9. Be t hat as it m ay, since pet it ioners served in Cent re for Glaciology, which is a Cent ral Governm ent Funded Proj ect , for considerably long period of t im e and since t he Cent re for Glaciology is now m erged in Wadia I nst it ut e of Him alayan Geology, t herefore, it would be in t he t o fit ness of t o request t hem t he Cent ral Governm ent t o perm it t hings consider t heir claim for reappoint m ent as Scient ist - B Him alayan Geology. in Wadia I nst it ut e I n such view of t he m at t er, we 10. dispose of t he writ pet it ion wit h libert y t o pet it ioners t o m ake represent at ion t o t he Secret ary, Depart m ent of Science & Technology for t heir re- engagem ent . I f pet it ioners m ake represent at ion wit hin t hree weeks decision t hereupon shall be t aken, wit hin six m ont hs t hereaft er. Pet it ioners shall also be at libert y t o raise ot her grievances in t he represent at ion, unpaid m onet ary benefit s. including t oday, t hat ( Su b h a sh Up a d h y a y , J.) ( M a n o j K u m a r Ti w a r i , J.)

01.07.2025 Aswal NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005 aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE 3D26F5C22DACF4F4610C1FE58A58531726FBB0 , cn=NITI RAJ SINGH ASWAL