Court No. - 34
Case :- WRIT - A No. - 45142 of 2002 Petitioner :- Mazhar Wahid Respondent :- State Of U.P. & Others Counsel for Petitioner :- Ms. Usha Kiran,Sandep Saxena,Sharad Malviya Counsel for Respondent :- S.C.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Shahid Ali Siddiqui, Advocate, holding brief of Mohd. Yaseen, learned counsel for the petitioner and learned Standing Counsel for the respondents.
2. The present writ petition has been filed by petitioner seeking mandamus commanding respondent to regularize him. It has also challenged order dated 29.11.1997 whereby extra ordinary leave sought by petitioner from 29.7.1979 to 31.07.1986 has been rejected on the ground that such extra ordinary leave is not admissible to a temporary employee.
3. Be that as it may, it is admitted that petitioner was re-employed in service vide order dated 26.07.1986 observing that his earlier termination was wrong. Thereafter, vide order dated 15.12.2005, petitioner has already been confirmed on the post of Auditor. A copy of order dated 15.12.2005 is annexed as Annexure R.A.2 to the rejoinder affidavit. Therefore, so far as prayer for regularization is concerned, it has already been rendered infructuous.
4. So far as validity of order rejecting extra ordinary leave is concerned, learned counsel for petitioner could not dispute that there is no provision granting extra ordinary leave to a temporary employee and that too, to a person who was employed for the first time on temporary basis only on 30.04.1976. In view thereof, order dated 29.11.1997 cannot be faulted with.
5. Writ petition is accordingly disposed of.
Order Date :- 24.8.2018 KA