Notice on behalf of opposite party Nos.1 and 2 has been accepted by the learned Chief Standing Counsel and for opposite party No.3 and 4, notice has been accepted by Mr.Rakesh Kumar Srivastava, learned Advocate. Heard learned counsel for the petitioner and learned counsels for the opposite parties.
The petitioner being a class IV employee of opposite party No.3, may be in the nature of Daily Wager, having 14 years experience of the post in question, has challenged the advertisement dated 26th of May, 2010 seeking regularisation on the said post, on the ground that other juniors to the petitioner have already been regularised. However, Mr.Rakesh Kumar Srivastava, learned counsel for the opposite parties disputes so and submits that nobody has been regularised in the department. I am informed that the petitioner has also submitted an application for direct appointment.
Considering the facts and circumstances of the case as well as keeping in view the fact that the petitioner has rendered 14 years of service in the Institution, may be as a Daily Wager, who may have also crossed the age for seeking regular appointment at another place, I hereby direct the opposite parties to consider the petitioner's candidature excluding the period of service rendered in the Institution in calculation of age as prescribed in the advertisement by giving preference over others in the matter of appointment. Accordingly the direction is issued to the Selection Committee to proceed with the recruitment.
With the aforesaid observations and directions, the writ petition is disposed of finally.
Order Date :- 18.6.2010 Shukla