Court No. - 34
Case :- WRIT - A No. - 42375 of 2010 Petitioner :- Mirza Mohammad Iqbal Beg Respondent :- State of U.P. and Others Counsel for Petitioner :- Nirvikar Gupta,Pankaj Agarwal Counsel for Respondent :- C. S. C. Hon'ble Yashwant Varma,J. Heard learned counsel for parties.
This petition has been preferred seeking the following reliefs:-
"(i) Issue a writ, order or direction, including a writ in the nature of certiorari to quash the impugned order dated 3.6.2009 passed by the respondent no.2, thereby wrongly rejecting the claim of the petitioner for regularization as against vacancies for the post of Assistant Accountant in the office of respondent no.3 and 4 or as against any other equivalent post in the regular cadre of any department under the respondent no.2 (in the District of Kanpur Dehat) commensurate to the appointment and eligibility of the petitioner.
(ii) Issue a writ, order or direction, including a writ in the nature of mandamus directing the respondent no.2 to decide the claim of the petitioner for merger/absorption and regularization as against vacancies for the post of Assistant Accountant in the office of respondent no.3 and 4 or as against any other equivalent post in the regular cadre of any department under the respondent no.2 (in the District of Kanpur Dehat) commensurate to the appointment and eligibility of the petitioner"
The petitioner appears to have been initially selected as an Urdu Translator. The appointment order of the petitioner is not placed with the writ petition. The respondents in the counter affidavit however assert that the petitioner was engaged in terms of a communication of 28 July 1995 wherein it was clarified that while he would draw a pay scale of Rs.950-1500, he was not being appointed against any post. Although the selection of the petitioner was on a post of Urdu Translator, he seems to have been allotted the work of an Assistant Cashier. He continued in that capacity and after rendering sufficient service he placed a claim for regularization before the respondents. In 2002, he preferred Writ Petition No.19628 of 2002 seeking his promotion to the post of Senior Clerk. The learned Judge while disposing of that petition, noticed that although the petitioner has been selected as noticed above, he was stated to have performed the work of Junior Clerk since 03 August 1995. Taking note of the provisions made in a Government Order of 06 July 2006, that petition was disposed of with a direction to the respondent to consider the prayer of regularization. It is pursuant to the directions issued on that petition that the impugned order has come to be passed.
The impugned order notes that by virtue of the Government Order of 06 July 2006, 1012 temporary posts of Urdu Translators-cum-Senior Clerks came to be created. They were provided to exist up to 28 February 2007 unless abolished earlier. The Government Order of 06 July 2006 was thereafter amended by an order of 21 February 2007 which provided that all Urdu Translators-cum-Junior Clerks who had completed 12 years of satisfactory service, shall come to be placed in the pay scale of Rs.4000-6000 and their posts upgraded to that of Urdu Translator-cum-Senior Clerk. The respondents proceed to note that pursuant to the provisions made in that order, the petitioner was granted the pay scale aforenoted and the post that he was holding also stood upgraded.
From the counter affidavit which has been filed in these proceedings, it further transpires that there was no post of Junior Clerk in the Treasury Office at Kanpur Dehat. The respondents further disclose that the qualifications for an Assistant Cashier is prescribed to be Intermediate together with Accountancy as a subject and that for the post of Assistant Treasury Accountant, qualifications prescribed are B.Com/B.Sc. (Maths). It is further stated that the recruitment to both those posts are to be made pursuant to a selection to be undertaken by the Subordinate Services Selection Commission. Turning then to the post of Urdu Translator-cum-Junior Clerk, the minimum qualification as prescribed under those rules is an Intermediate with Urdu as a subject. From the aforesaid disclosure, it is manifest that the qualifications thus prescribed are clearly distinct and different. The petitioner by virtue of his selection as an Urdu Translator could not possibly have been substantively absorbed against the two posts aforenoted.
While the attention of the Court has not otherwise been drawn to any particular rule under which the petitioner may seek regularization even now, if such a right of consideration does exist, this order shall not preclude the petitioner for pursuing that prayer.
Subject to the aforesaid observation, this petition shall stand dismissed.
Order Date :- 22.9.2021 Vivek Kr.