Court No. - 34
Case :- WRIT - A No. - 38855 of 2003 Petitioner :- Deepak Kumar Singh Respondent :- State Of U.P. And Others Counsel for Petitioner :- Km. Sarita Jhingan,A.C.Tiwari,D.K.S. Rathore,P.C. Jhingan,Raj Kumar Shukla,Vipin Kumar Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J.
1. Order dated 05.10.2018 having been recalled vide order of date passed on Restoration Application, the writ petition is restored to its original number. As requested by learned counsels for parties, I proceed to decide this matter finally at this stage.
2. Heard Ms. Sarita Jhingan, learned counsel for petitioner, learned Standing Counsel for respondents and perused the record.
3. The petitioner is claiming to be working as Daily Wager as Nikasi Munshi on the Barrier of Forest Department since May, 1993.
4. Learned counsel for the petitioner at the outset admitted that U.P. Regularization of Daily Wage Appointment on Group 'D' Posts Rules, 2001 (hereinafter referred to as “Rules, 2001”) are not applicable since petitioner was engaged as daily wage after cut off date i.e. 29th June, 1991 but she placed reliance on U.P. Regularisation of Persons Working on Daily Wages or On Work Charge or On Contract in Government Departments on Ground "C" and Group "D" Posts (Outside the Purview of the Uttar Pradesh Public Service Commission) Rules, 2016 (hereinafter referred to as "Rules, 2016") and submitted that petitioner is entitled to be considered for regularization thereunder.
5. In my view, matter requires investigation into facts therefore at the first instance let it be considered by respondent's Competent Authority.
6. In these facts and circumstances, without expressing any 2 opinion on merits of the case, this writ petition is disposed of permitting petitioner to approach respondents' Competent Authority by filing suitable representation alongwith a certified copy of this order. Thereafter, petitioner's claim for regularisations shall be considered by Competent Authority in the light of Rules, 2016 and a reasoned order shall be passed within three months from the date of said representation. While doing so, respondent Competent authority shall consider every aspect of the matter including the fact, whether Rules, 2016 are applicable upon petitioner or not.
Order Date :- 29.5.2019 KA
Court No. - 34
Case :- WRIT - A No. - 38855 of 2003 Petitioner :- Deepak Kumar Singh Respondent :- State Of U.P. And Others Counsel for Petitioner :- Km. Sarita Jhingan,A.C.Tiwari,D.K.S. Rathore,P.C. Jhingan,Raj Kumar Shukla,Vipin Kumar Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J.
Civil Misc. Review/Recall Application No. 7 of 2018
1. Heard Ms. Sarita Jhingan, learned counsel for the applicant.
2. This is an application for recall of order dated 05.10.2018 passed by this Court dismissing the writ petition merits, though in absence of counsel for applicant-petitioner.
3. Cause shown for non appearance have been explained satisfactorily. The application is allowed. Order dated 05.10.2018 is hereby recalled.
Order Date :- 29.5.2019 KA