By Arun Pratap Singh
Garhwal Post Bureau
Nainital, 14 May: In a significant development concerning thousands of UPNL employees in Uttarakhand, the Uttarakhand High Court today expressed strong displeasure over the contract letters prepared by the state government in connection with the regularisation of UPNL workers. Taking a stern view during the hearing of the regularisation matter, the High Court questioned the basis on which the contracts had been drafted and observed that, prima facie, the government’s action appears to fall within the ambit of contempt of court.
It may be pointed out here that the issue was flagged after UPNL employees approached the High Court challenging the newly introduced contract agreements linked to the regularisation and equal pay process. In the court, the UPNL employees contended that the terms and conditions mentioned in the agreements are not in conformity with the judicial directions issued by the HC earlier and are in fact contrary to the spirit of the court’s orders. In response, the court sought an explanation from the state government and also warned that if a satisfactory response is not submitted within the stipulated time, it might proceed with framing charges against the government authorities concerned. Following the court’s sharp observations, the Uttarakhand government sought two days’ time to file its response. The matter is now scheduled to be heard again next Tuesday.
It may be recalled that the issue assumes significance as a large number of UPNL personnel have been working for years across various departments of the Uttarakhand government through the Uttarakhand Purva Sainik Kalyan Nigam Limited (UPNL), which functions under the Sainik Welfare Department. These employees have been engaged through an outsourcing arrangement, even though many of the posts on which they are working are permanent in nature and are ordinarily meant to be filled through direct recruitment. Over the years, departments have repeatedly sent requisitions for regular appointments to such posts, leading to an ongoing debate over the status and future of UPNL employees.
The legal battle over the regularisation of UPNL employees is not new. In 2018, the High Court had delivered a major verdict in favour of the workers and directed the government to grant them regularisation along with equal pay for equal work. However, the state government challenged the verdict before the Supreme Court, indicating its reluctance to immediately regularise the employees. Even the implementation of equal pay remained uncertain for years, and the employees reportedly had to wait nearly eight years before beginning to receive its benefits.
In recent months, the government led by Chief Minister Pushkar Singh Dhami initiated some steps towards implementing the principle of equal pay for equal work for UPNL employees. As part of the process, departments began executing fresh contracts with the workers. However, the move triggered fresh resentment among employees, who alleged that the government is in reality, attempting to restrict their service rights through contractual conditions instead of moving towards full regularisation.
According to the employees, one of the contentious clauses in the agreement requires them to forgo any future claim for regularisation. They have also alleged that the contracts do not clearly mention essential benefits such as medical facilities, bonus, social security and other service-related safeguards. This has intensified apprehensions among workers that they may continue to remain in a temporary arrangement indefinitely despite serving the government for many years.
Amid the ongoing legal and administrative dispute, a fresh order issued by the Personnel Department has further intensified the debate surrounding UPNL employees. The order pertains specifically to those posts currently occupied by UPNL workers but which legally fall under the category of direct recruitment posts. Under the new instructions, all departments have been directed not to send requisitions for fresh recruitment on such posts without obtaining prior approval from the Personnel, Finance and Law Departments.
The latest directive is being viewed as a major administrative shift because, until now, departments had largely followed a direct requisition process. With the new mechanism in place, the process has become more layered and subject to multiple levels of scrutiny. The order clearly states that before sending any requisition to fill such posts, the departments must thoroughly examine all legal and financial implications and ensure that no judicial orders or financial rules are violated.
The government’s move is being interpreted as an attempt to shield itself from possible legal complications, particularly because the issue of UPNL employees has remained under judicial scrutiny for years. Any fresh recruitment process without legal clarity can potentially create further legal complications for the administration. Consequently, the departments have now been instructed to proceed cautiously and ensure that every proposal relating to direct recruitment complies with legal and financial norms before receiving approval from the concerned authorities.
While the government has hitherto appeared reluctant to regularise the services of the employees hired through UPNL, certain small measures such as equal pay for equal work for certain categories of UPNL specially those who have completed 10 years of service on 2018. The developments have once again brought the future of thousands of UPNL workers into focus and triggered fresh political and administrative discussions across the state. With the High Court adopting a strict stance and employees continuing to oppose the contractual framework, it remains to be seen, what approach the government takes in response to the directions of the HC.
