Court No. - 33
Case :- WRIT - A No. - 34266 of 2006 Petitioner :- Gulab Chandra And Others Respondent :- State of U.P. and Others Counsel for Petitioner :- Som Prakash Pandey,R.D. Yadav,Vijay Pratap Counsel for Respondent :- C.S.C.,V. Vaish
Hon'ble Ashwani Kumar Mishra,J. Ref: Delay Condonation Application Heard.
Cause for delayed filing of restoration application has been explained to the satisfaction of the Court. Delay is, accordingly, condoned.
Application stands allowed. Ref: Restoration Application Heard.
Cause for non appearance of the counsel on the date fixed has been explained to the satisfaction of the Court. Order dated 17.05.2012 is recalled and writ petition is restored to its original number.
Application stands allowed. Ref: Memo of Writ Petition.
The petitioners claim to be working in the Purvanchal Vidyut Vitran Nigam, since 1991 onwards. It is stated that though they are continuously working ever since but their services have not been regularized.
Though the petition was entertained and time was granted for filing counter affidavit but no counter affidavit has been filed. Considering the nature of order proposed to be passed, it is not necessary to adjourn the matter any further.
Learned counsel for the petitioners places reliance upon a Government Order dated 24th February, 2016 according to which services of employees engaged on Daily Wage-Work Charge-Contract since 31st December, 2001 onward are liable to be regularized.
Learned Standing Counsel in response stated that such issues of fact can be examined by the Competent Authority of the department.
In that view of the matter, the writ petition stands disposed of permitting all the petitioners to represent their grievance before the Second respondent annexing all the material in support of their claim of working prior to 2000. Their claim for regularization shall be considered in light of the Government Order dated 24th February, 2016 or any other applicable order by passing a reasoned order, expeditiously, preferably within a period of four months from the date of production of a copy of this order.
The writ petition is, accordingly, disposed of.
Order Date :- 23.9.2021 Shiraz