Court No. - 38
Case :- WRIT - A No. - 11125 of 2019 Petitioner :- Naresh Kumar Sharma Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Pankaj Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
In essence, petitioner is seeking regularisation of his services on the post of Gardner (Mali) in the forest department.
In respect of the same cause, petitioner had earlier approached this Court by filing Writ Petition No. 16407 of 2018 which was disposed of on 3.8.2018 vide following orders:-
"Petitioner claims to be working as Gardner (Mali) in the Forest Department since 1996. His grievance is that though his claim of regularisation is covered under the Rules but the authority concerned has not considered the claim of regularisation of the petitioner. Submission is that respondent no. 5, who is much junior to petitioner has been regularised but the claim of the petitioner has not been considered. Such claim is stated to have remained pending and hence this petition.It is also stated that the petitioner was in employment in December, 2001 and a certificate in that regard has also been brought on record.
Learned Standing Counsel submits that the grievance of the petitioner shall be considered by the authority concerned, in accordance with law and as per applicable rule.
Considering the facts and circumstances, noticed above, this writ petition stands disposed of, permitting the petitioner to approach the respondent no.3 alongwith certified copy of this order within a period of two weeks from today, annexing therewith in support of claim of his regularisation. The authority concerned shall enquire into the grievance of the petitioner and appropriate decision be taken within a period of three months thereafter. "
In case the aforesaid order has not been complied with, remedy of the petitioner would be to pursue such further remedy as would be available in law. Filing of the present writ petition in respect of the same grievance would not be maintainable.
Writ petition fails and is consigned to records.
Order Date :- 26.7.2019 n.u.