Allahabad High Court Sanyukt Swasthya Outsourcing /Samvida ... vs State Of U.P. And 79 Others on 27 May, 2022 HIGH COURT OF JUDICATURE AT ALLAHABAD A.F.R. RESERVED ON 29.4.2022 DELIVERED ON 27.5.2022 Court No. 3 Case : WRIT C No. 22404 of 2021 Petitioner : Sanyukt Swasthya Outsourcing /Samvida Karmchari Sangh Respondent : State Of U.P. And 79 Others Counsel for Petitioner : Anay Kumar Srivastava,Ravindra Singh Counsel for Respondent : C.S.C.,Brajesh Kumar Dwivedi,Pradeep Kumar Tripathi Hon'ble Surya Prakash Kesarwani,J. Hon'ble Vikas Budhwar,J. (Per: Hon'ble Vikas Budhwar, J.) 1. Heard Sri Anay Kumar Srivastava, learned counsel for the petitioner, Sri Manish Goel, Addl. Advocate General, assisted by Smt. Subhash Rathi, learned Addl. Chief Standing Counsel for the Staterespondent, Sri M.C. Chaturvedi, learned Senior Advocate, assisted by Sri Pradeep Kumar Tripathi, appearing for Respondent no.5. 2. Alleging disparity and differential treatment, the petitioner, who claims itself to be the registered union of unorganized sector has filed the present petition under Article 226 of the Constitution of India seeking the following reliefs: "a) Issue a writ, order or direction in the nature of Certiorari quashing all the tenders issued by respondent nos. 9 to 80 in violation of G.O. dated 07.12.2020 and 23.04.2020. b). Issue a writ, order or direction in the nature of Certiorari 10 quashing the order dated 24.11.2020 passed by respondent no. 6. c). Issue a writ, order or direction in the nature of Mandamus directing all the respondents to follow the Government orders and not to issue tenders in violation of G.O. dated 23.04.2020. d). Issue a writ, order or direction in the nature of Mandamus commanding the respondents to provide similar honorarium/payment to all the employees and do away with the anomalies in payment for the employees of the same rank and work. e).Issue a writ, order or direction in the nature of Mandamus to not to interrupt the continuity of already working employees in terms of G.O. dated 18.12.2019 and 18.08.2020 and 25.08.2020. f). Issue any other writ, order or direction which this Hon'ble Court may deem fit and Circumstances of the case. g). award the cost of the petition to the petitioner." 3. The factual matrix as worded in the writ petition is that the petitioner being Sanyukt Swasthya Outsourcing / Samvida Karmchari Sangh, U.P. Lucknow, claims itself to be a union of contractual employees registered under the provisions contained under The Trade Union Act, 1926 Kanpur, Uttar Pradesh. According to the petitioner, State of Uttar Pradesh came up with a policy decision in the shape of Government Order dated 31.12.2015 addressed to the Director General, Medical Health Services, U.P. at Lucknow providing for outsourcing of the manpower on contractual basis from Respondent no.7 being Avani Paridhi Energy and Communications Private Limited and M/s Rama InfoTech Private Limited, Fazalganj, Kanpur. In continuation of the Government Order dated 31.12.2015, on 28.3.2018, another Government Order was issued, whereby the applicability of the Government Order dated 31.12.2015 was extended for a further period of 6 months. Eventually, the application of the Government Order dated 31.12.2015 for the purposes of procurement of manpower through outsourcing was extended on 5.11.2018, 31.12.2018 and 8.3.2019. 4. Ministry of Commerce and Industry, Government of India, with the objective to create an open and transparent procurement platform for Government buyers created an online platform for public procurement in India by the name and nomenclature of Government India eMarket Place (GeM). 5. The above noted online platform was created to facilitate online procurement of goods and services. Further the purchases through GeM portal by Government users had been authorized and made mandatory by the Ministry of Finance by adding a new Rule no. 149 in the General Financial Rules, 2017. The said initiative was launched on 9.8.2016 by the Ministry of Commerce and the Industry, Government of India with the prime object to increase transparency, efficiency, speed in public procurement. Though the online platform (GeM Portal) was launched on 9.11.2016 by the Ministry of Commerce and Industry, Government of India, however, State of Uttar Pradesh by virtue of the Government Order no. 8/2019/20/1/91Ka2/2019 dated 18.12.2019 came up with a policy decision that for the purposes of procurement of manpower through outsourcing and the same would be done by virtue of the online platform being Government eMarket Place (GeM). However, due to the sudden surge of the pandemic relating to COVID19, the same could not be implemented and accordingly on 23.4.2020, a clarification was issued by the Respondent no.1, whereby the applicability and the procurement of the manpower through outsour