Court No. - 6
Case :- WRIT - A No. - 13744 of 2020 Petitioner :- Ganga Singh Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Bed Kant Mishra,Alok Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The petitioner claims that he was appointed on the post of Gardner as a daily wager in the U.P. Forest Department Range-Karhal, Mainpuri, in the year 1988. He has been functioning continuously ever since.
Shri Bed Kant Mishra, learned counsel and Shri Alok Kumar Yadav, learned counsels for the petitioners contend that the petitioner is entitled to regularization on the post of Gardner. The petitioner has made an application for regularization of his services. However, the same has not been decided till date.
The only prayer made by Shri Bed Kant Mishra, learned counsel and Shri Alok Kumar Yadav, learned counsel for the petitioner is that the representation of the petitioner for regularization of his services may be decided within a stipulated period of time.
Learned Standing Counsel submits that the right of regularization has to be considered in the facts of each case and in light of the relevant service rules which provide for regularization. However, he fairly contends that in case the petitioner is entitled to such benefits, the claim of admissibility of such benefits has to be decided within a reasonable period of time, and not kept pending indefinitely.
Learned counsel for both the parties agree that no useful purpose will be served by exchanging the pleadings and keeping this writ petition pending before this Court. With the consent of parties, the writ petition is being disposed of finally.
Without going into the merits of the case, the matter is remitted to the respondent no.2-Chief Forest Conservator/Regional Director, Mainpuri Zone, Mainpuri.
A writ in the nature of mandamus is issued commanding the respondent no.2-Chief Forest Conservator/Regional Director, Mainpuri Zone, Mainpuri, to execute the following direction:
I. The respondent no.2-Chief Forest Conservator/Regional Director, Mainpuri Zone, Mainpuri, shall decide the representation of the petitioner for regularization of his services by a speaking order in accordance with law within a period of four months from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad along with a copy of fresh representation and supporting documents if any.
The computer generated copy of such order shall be self attested by the party concerned. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that this Court has not gone into the merits of the controversy. The same shall be adjudicated by the competent authority with independent application of mind and in accordance with law.
The writ petition is disposed of finally.
Order Date :- 8.1.2021 Dhananjai