Court No. - 33
Case :- WRIT - A No. - 9462 of 2021 Petitioner :- Om Tandon And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Srivastava Counsel for Respondent :- C.S.C.,Raees Ahamad Hon'ble Ashwani Kumar Mishra,J.
There are four petitioners in the writ petition, all of whom have prayed for a writ of mandamus to be issued in their favour for considering their claim for regularisation, keeping in view the laid down by this Court in Service Single No.2983 of 2020 decided on 4.2.2020.
As per the avermens made in para nos. 3 to 5 of the writ petition, all the petitioners have been engaged between 30.12.2006 to 1.10.2009 in Nagar Palika Parishad, Jaunpur. It is contended that issue relating to creation of posts and regularisation of their services are not being considered.
Reliance is placed upon the Government Order dated 23.7.2012 which records that illegal appointment made in the local bodies be discontinued. A list is also annexed as Annexure-2. It is contended that the petitioners are being paid salary but their claim for regularisation is not being considered. The basis of the petitioners claim is a direction issued by this Court in Service Single No.2983 of 2020, which is in respect of employees of Nagar Nigam, Lucknow and a direction has been issued for consideration of the claim of such persons, in accordance with rules.
It is pointed out on behalf of the respondents that the regularisation rules have been framed lastly in the year 2016 and the appointment of all the petitioners is after the cut off date mentioned therein i.e. 31.12.2001. It is contended that in such circumstances, no direction can be issued for regularisation of services of petitioners.
Law is settled that regularization can be directed only in accordance with the law laid down by the Apex Court in the case of State of Karnataka and others Vs. Umadevi and others, (2006) 4 SCC 1. Rules have already been framed and the consideration for regularisation would be permissible only in accordance with the rules.
Since the petitioners have not been engaged prior to cut off date i.e. 31.12.2001, therefore, there would be no occasion for this Court to direct consideration of petitioners' claim for regularisation in the employment of Nagar Palika Parishad, Jaunpur. No relief in that regard can be granted.
Writ petition fails and is accordingly consigned to records.
Order Date :- 20.9.2021 n.u.