Court No. - 30
Case :- WRIT - A No. - 6710 of 2018 Petitioner :- Lallu Bhartiya And 18 Others Respondent :- State Of U.P. And 2 Othrs Counsel for Petitioner :- Udit Chandra Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioners and the learned Standing Counsel appearing for the State respondents.
Present petition has been filed seeking direction to the respondents to consider the case of the petitioners compassionately and regularize them according to their capacity.
Learned counsel for the petitioner has placed reliance on a judgment of Lucknow Bench of this Court dated 11.12.2017 passed in Service Single No. 25220 of 2017 (Satya Narayan and others vs. State of U.P. and others), which is quoted as under:-
"Heard learned counsel for the parties.
The petitioners herein claim to have been working in the Anaupcharik Siksha Yojana in the 1990s, but, it is an admitted case that they are not working in the said Yojana since 1999, as, the same was abolished, however, relying upon a decision of the Supreme Court pertaining to the State of Bihar they claim absorption on Class-IV post in the Basic Education department.
These are matters of policy, which can be considered only by the State Government, therefore, the petitioners may approach the concerned authority in the State Government, who may take such decision as may be appropriate in keeping with its policies.
With these observations, the writ petition is disposed of."
In the present case also admittedly the petitioners are not working since long.
Hon'ble Apex Court in its order dated 26.2.2016 has clearly observed that the indulgence granted by the High Court shall not be applicable either before the Apex Court or before the High Court.
Submission is that as the observation has already been made by the Hon'ble Single Judge of this Court that it is for the State Government to consider the grievance of the petitioner as a policy matter.
Present petition also stands disposed of in terms of the aforesaid order dated 11.12.2017.
It is made clear that this Court has not examined the case of the petitioners on merits which shall be looked into by the State Government while considering the same.
Order Date :- 26.2.2018 Lalit Shukla