Lallan Srivastava v. State of U.P. and 3 Others

Court No. - 34 Case :- WRIT - A No. - 18023 of 2023 Petitioner :- Lallan Srivastava Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hare Ram Pandey Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.

¶1Heard Sri Hare Ram Pandey, learned counsel for the petitioner and learned Standing Counsel for the State.

¶2Petitioner has approached this Court for consideration of his claim for regularization under the Uttar Pradesh Regularisation of Persons Working on Daily Wages or on Work Charge or on Contract in Government Departments on Group 'C' and Group 'D' Posts (Outside the Purview of the Uttar Pradesh Public Service Commission) Rules, 2016.

¶3Petitioner claims to have been engaged on a daily wage basis with the respondents establishment in the year 1994 and ever since then has been continuously discharging his duties as Gardener/Group D employee and has been drawing Rs.7000/- as fixed pay.

¶4It is therefore argued by learned counsel for the petitioner that since the petitioner has been appointed prior to the cut off date given under Rule 6(1) of the 2016 Rules as

31.12.2001 and has been continuously engaged as such on the date of the commencement of the Rules, he becomes entitled to be considered for regularization.

¶5Learned Standing Counsel submits that the petitioner's claim can be directed to be considered by the competent authority, namely, respondent no.4, District Horticulture Officer, Kushinagar in accordance with law.

¶6Having heard learned counsel for the parties and having perused the records I find that Rule 6(1) provides for consideration of regularisation of those employed or deployed on a daily wage basis or work charge or contract in a Government department on Group C or Group D Post prior to 31.12.2001. Rule 6(1) (i) is reproduced hereunder: "6 (1) Any person who-

(i) was directly engaged or employed or deployed or working on daily wages or on work charge or on contract in the Government Department on Group 'C' or Group 'D' post (outside the purview of the Uttar Pradesh Public Service Commission) on or before December 31, 2001 and is still engaged or employed or deployed or working as such on the date of the commencement of these rules;"

¶7Petitioner has brought on record a certificate issued by the Incharge, Zone, Sargatiya Kushinagar dated 31.04.2004 in which acknowledgement has been made that the petitioner has worked on a daily wage basis as per engagement and recruitment by the department between the year 1994 and 2004.

¶8In the circumstances I consider it appropriate to dispose of this petition at this stage with direction to the respondent no.4 to look into and consider the claim of the petitioner provided petitioner makes a comprehensive representation in this regard within a period of four weeks from today. Appropriate order shall be passed by the competent authority in the matter within a further period of two months in accordance with law.

¶9Needless to add order to be passed shall be reasoned and speaking one. Order Date :- 27.10.2023 Deepika High Court of Judicature at Allahabad