Court No. - 34
Case :- WRIT - A No. - 8761 of 2021 Petitioner :- Bhrigunath Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Manoj Kumar Dubey,Vipul Kumar Dubey Counsel for Respondent :- C.S.C. Hon'ble Yashwant Varma,J. Heard learned counsel for parties.
This petition has been preferred seeking the following reliefs:-
"Issue a writ order or direction in the nature of mandamus commanding the respondent no. 3, The Commissioner Azamgarh, Commissionary Azamgarh to absorb/adjust the petitioner on the post of driver within a reasonable time."
The claim of the petitioner is for absorption on the post of Driver in the office of the Commissioner Azamgarh. The petitioner who has been employed under the respondents has been posted in the office of the Commissioner Azamgarh. The claim of the petitioner is for permanent absorption at that place. Learned counsel has additionally placed reliance on a decision rendered by the Supreme Court in Shripal Bhati And Another v. State of U.P. And Others [Civil Appeal No. 802 of 2020] and submits that in terms of the provisions made in the U.P. Absorption Rules 1984 he is entitled to the relief as claimed.
The submission as noted above cannot possibly be countenanced or accepted since the petitioner has not established any permanent lien that may be viewed in law to exist by virtue of his posting in the office of the Commissioner Azamgarh. It is also not his case that he has been placed there on deputation so as to fall within the ambit of Rule 5 of the 1984 Rules.
The writ petition is misconceived and is dismissed.
Order Date :- 30.7.2021 faraz