Court No. - 39
Case :- WRIT - A No. - 19077 of 2019 Petitioner :- Firoz Alam Alias Raju And 02 Others Respondent :- State Of U.P. And 04 Others Counsel for Petitioner :- Niranjan Lal Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioners are working in the Nagar Panchayat, Nai Bazar, District Bhadohi since 1.2.2001, 28.12.1996 and 31.5.1997, respectively. They have approached this Court with the grievance that although their services are liable to be regularized in accordance with the Government Order dated 24.2.2016, yet their claim has not been considered in that regard. Attention of the Court has been invited to recommendations made by the Executive Officer of the Nagar Panchayat concerned on 11.5.2016 and 5.9.2017, as per which petitioners' claim for regularization has already been forwarded to the second respondent. It is submitted that the competent authority to create the post would be the State Government.
Petition is opposed by learned Standing Counsel.
The Government Order dated 24.2.2016 clearly provides that where employees are working from prior to 31st December, 2001 in the Local Body/Local Authority and are also in employment on the date when the Government Order was issued i.e. 24.2.2016, their services would be regularized. It further provides that where posts are not available, the respondents shall get supernumerary posts created against which the regularization of services would be warranted.
Once the State Government has already directed for creation of supernumerary post, it would be incumbent upon the State to examine petitioner's claim for regularization, by considering creation of supernumerary post, in case vacancies are not available. Petitioners' claim otherwise stands forwarded to the Director by the Nagar Panchayat concerned.
In view of the above, this writ petition stands disposed of with a direction upon respondent no.1 to accord consideration to petitioner's claim for regularization, keeping in view the Government Order dated 24.2.2016, as also the recommendations already made by the Executive Officer of the Local Body concerned on 11.5.2016 and 5.9.2017, within a period of four months from the date of presentation of certified copy of this order.
Order Date :- 28.11.2019 Anil