Court No. - 34
Case :- WRIT - A No. - 78790 of 2005 Petitioner :- Kedar Nath Respondent :- State Of U.P. & Others Counsel for Petitioner :- Satish Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Satish Dwivedi, Advocate, for petitioner and learned Standing Counsel for respondents.
2. It is contended that petitioner is working on ad hoc basis since 09.12.1991 but his claim for regularization under U.P. Regularisation of Ad Hoc Appointments (on Posts Outside the Purview of the Public Service Commission) Rules, 1979 (hereinafter referred to as “Rules, 1979”) has been rejected only on the ground that any person junior to petitioner has not been regularized.
3. Approach of respondents is patently erroneous and illegal. Rules no where contemplate that if a person junior to petitioner has not been considered for regularization, petitioner also cannot be considered for regularization, even if he satisfies requirements and is entitled to be considered for regularization. Impugned order, therefore, cannot be sustained.
4. In the result, the writ petition is allowed. Impugned order dated 11.07.2005 is hereby set aside. Respondent-competent authority is directed to pass a fresh order in the matter within two months from the date of production of a certified copy of this order before him.
Order Date :- 14.9.2018 PS