- Court
- High Court of Judicature at Allahabad
- Decided
- 6 July 2023
- Bench
- Dinesh Kumar Singh
- Case no.
- 2175/2022
Judgment
Court No. - 8 Case :- WRIT - A No. - 2175 of 2022 Petitioner :- Vishvanath Respondent :- State Of U.P. Thru. Prin. Secy. Techanical Education Lko. And 3 Others Counsel for Petitioner :- Santosh Kumar Kanaujia,Ashok Kumar,Chandra Prakash,Kubra Fatima Counsel for Respondent :- C.S.C. Hon'ble Dinesh Kumar Singh,J.
¶1Heard Mr. Ashok Kumar, learned counsel for the petitioner, as well as Mr. Vikas Singh, learned Standing Counsel for the respondents-State Authorities.
¶2The petitioner has filed this petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus commanding the respondents to regularize his service on the post of sweeper and pay him regular salary.
¶3The petitioner was appointed on 12.10.1993 in Rajkiya Polytechnic, Lakhimpur Kheri against one post of part-time sweeper. He has been working since then as part-time sweeper. At present, he is being paid wages of Rs.180/- as per the schedule of rates for part-time workmen.
¶4Admittedly, the petitioner is a part-time sweeper, and the post, against which he is working, is also a part-time. The petitioner's post is not covered under the regularization rules i.e. Uttar Pradesh Regularization 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 Uttar Pradesh Public Service Commission) Rules, 2016 (for short "Rules, 2016) inasmuch these Rules are for regularization of daily-wager, or ad-hoc or contractual employees, and not for the part-time employees. The case of the petitioner does not fall within the purview of the Rules, 2016 and, therefore, this Court cannot issue a direction for regularization of the petitioner's services on the post of sweepers which is a part-time post in the Polytechnic. Finding no ground to issue the direction prayed, this writ petition is hereby DISMISSED. [D.K. SINGH, J.] Order Date :- 6.7.2023 MVS/- High Court of Judicature at Allahabad, Lucknow Bench
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