Court No. - 33
Case :- WRIT - A No. - 38345 of 2017 Petitioner :- Baccha Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner’s contention that he was placed at serial no. 140 of the seniority list of the Seasonal Collection Amins and has been regularized on 07.08.2006, while one Ram Awadh Pandey, who was placed at serial no. 152, was regularized on 19.12.1989, has not been specifically denied in the counter affidavit. Therefore, petitioner's contention, that he being senior to Ram Awadh Pandey is liable to be considered for regularization from the date his junior has been granted such regularization, appears to be valid and justified. Even the facts of the present case are otherwise covered by adjudication made by this Court in Writ Petition No. 59870 of 2007 decided on 03.07.2019.
For the reasons recorded in the aforesaid order dated 03.07.2019, the order of the District Magistrate, Kushinagar, rejecting petitioner's claim for regularization from the date such benefit is granted to his junior, cannot be sustained. The petition is accordingly succeeds and is allowed.
The order dated 24.05.2017 passed by the District Magistrate, Kushinagar stands quashed. The writ petition is disposed of in terms of the order passed by this Court on 03.07.2019 in Writ Petition No. 59870 of 2007.
Order Date :- 7.1.2021 Pkb/