Court No. - 36
Case :- WRIT - A No. - 18125 of 2021 Petitioner :- Ajay Kumar Awasthi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bijendra Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner claims to be working as daily wager in Forest Department since 2001 and he is working continuously till date. The petitioner claims regularization as he fulfils the eligibility criteria for regularization under Rule 6 (1) of the 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 the Uttar Pradesh Public Service Commission) Rules, 2016 (hereinafter referred to as 'Rules, 2016'). In this respect, petitioner has submitted a representation to the competent authority claiming regularization under the Rules, 2016.
The grievance of the petitioner is that competent authority, i.e., respondent no.4-Divisional Forest Officer, Shahjahanpur has not paid heed to the representation of the petitioner nor has regularized the petitioner under the Rules, 2016.
Learned Standing Counsel for the respondents submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to respondent no.3 to consider the grievance of the petitioner.
Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed off with liberty to the petitioner to file a fresh representation before the respondent no.4-Divisional Forest Officer, Shahjahanpur raising all his grievances within a period of three weeks from today. In case any such representation is filed by the petitioner, the respondent no.4 shall decide the same by reasoned and speaking order within a period of four months thereafter.
Order Date :- 20.12.2021 Mohit