Mahaboob Ali, who was satisfactorily working with the UP Higher Education Services Commission (UPHESC), since 2011, was asked in early September 2021, to join as an outsourced employee.
Ali filed a petition, following which the Allahabad High Court had stayed the order. It has asked the state government as well as UPHESC to file their responses within two weeks. The Court also directed that Ali be permitted to continue working at the Commission as he had been while the petition was pending.
The Commission will have to clarify why it has been forcing its contractual employees to join as outsourced employees of a third-party contractor engaged by the Commission itself
Advocate Tanisha J Monir, representing Ali had questioned why there was a need to make a contractual employee directly employed by the Commission about a decade ago, to re-join as a third-party or outsourced staff? Monir argued that this was proof that the Commission was not acting in the interest of the employees; and that the Commission wanted to stop its contractual staff from seeking regularisation and related benefits in the future.
The court observed, that there was no solid need or logical reason for the Commission to force the petitioner, Mahaboob Ali, to serve as an outsourced employee, when he had been successfully working under direct contract of the Commission all these years.