Court No. - 36
Case :- WRIT - A No. - 10872 of 2018 Petitioner :- Majboot Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kaushal Kishor Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties.
By means of the present writ petition, the petitioner is seeking consideration of his claim for regularization to Grade-D post of Watchman in the Forest department, Jhansi. With reference to the page '21' of the paper book, it is sought to be submitted by the learned counsel for the petitioner that the petitioner's name was kept in the seniority list of daily wage employees, who were engaged much prior to the cut-off date i.e. December 31, 2001. The petitioner has continued on daily wage basis and his claim for regularization was processed by the competent authority in view of the U.P. Regularization of Daily Wager Employees (Group D) Service Rules, 2001 (hereinafter referred to as "the Rules, 2001").
The petitioner's name was though recommended by the competent authority but there has been no consideration to the claim of the petitioner rather he has been discontinued since the year 2005. He is approaching the competent authority continuously for seeking engagement on daily wage basis and further process of his claim for regularization is pending consideration.
With reference to an information received under R.T.I. Act in view of the application dated 12.11.2016 moved by the petitioner, it is submitted that the respondents have admitted that similarly situated employees have been regularized.
Dealing with this submission of learned counsel for the petitioner, suffice it to note that the petitioner is not engaged in service since after the year 2005. For a period of more than 12 years, the petitioner has not approached this Court seeking consideration of his claim under the Rules, 2001. Now new rules i.e. the Uttar Pradesh Regularisation of Persons Working on Daily Wages or on Work Charge or on Contract in Government Departments on Group 'C' and Group 'D' Posts (Outside the Purview of the Uttar Pradesh Public Service Commission) Rules, 2016 (hereinafter referred to as "the Rules, 2016") have been made effective with effect from 12th September, 2016. The claim of daily wagers, who were engaged on or before 31st December, 2001 and are continuing as such on the date of enforcement of the rule can only be considered ignoring artificial break.
After a period of 12 years, this Court does not find any justification to issue any direction to the respondent authorities to consider the claim of the petitioner for regularization under the Rules, 2001 and further the petitioner is not covered by the current Rules, 2016.
For the above noted reasons, no mandamus can be issued. The writ petition is, accordingly, dismissed.
Order Date :- 30.4.2018/Brijesh