Heard Counsel for the petitioner and the Standing Counsel on behalf of the respondents.
The petitioner has filed the instant writ petition praying inter- alia for direction to the opposite parties to consider the case of the petitioner for regularisation under Regulariation Rules 2001, who is working under the control of opposite parties since 1988.
Counsel for the petitioner submits that the petitioner is still working. The grievance of the petitioner is that his case for regularization has not been considered by the opposite parties, though they have served the department for more than two decades and were working on the cut off date as provided in the U. P. Regularization of Daily Wages Appointments on Group 'D' Rules, 2001.
Learned counsel for the petitioner has vehemently contended that denial of benefit of regularization for which the petitioner is legally entitled, are highly arbitrary, unjustified and causing great injustice to the petitioners. Further, he submits that the petitioner has rendered several long years of service but he has yet not been regularised, whereas persons junior to them have been regularised.
It is not disputed that the petitioner was engaged in 1988 and was working on the cut off date provided in Regularization Rules though under the interim orders of this court. The requirement under the Regularisation Rules is that an incumbent was directly appointed on daily wage basis in a government service before 29.6.1991 and are continuing in service as such on the date of commencement of 2 the said Rules. The further requirement under the Rules is that he must have possessed requisite qualification required for regular appointment on that post at the time of such employment on daily wage basis.
In view of above, the opposite parties are directed to consider the case of the petitioners for regularization, under the U. P. Regularization of Daily Wages Appointments on Group 'D' Rules, 2001, within a maximum period of three months from the date of presentation of a certified copy of this order.
With the aforesaid observations and directions, the writ petition is disposed of finally.
Dt.6.1.2010 HM/