Court No. - 62
Case :- WRIT - A No. - 31589 of 2003 Petitioner :- Puran Lal Yadav Respondent :- State Of U.P. And Others Counsel for Petitioner :- S.S. Chuahan,Neelabh Srivastava,Sumit Kumar Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioner and learned Standing counsel.
This writ petition has been filed for mandamus directing the respondents to regularize the services of the petitioner on the post of Mali (Class-IV) under the District Horticulture Officer, Shahjahanpur and the petitioner also prayed that if any order has been passed against him, same may also be quashed.
It is contended by the learned counsel for the petitioner that the petitioner is working as daily wagers (Mali) in the office of District Horticulture Officer, Shahjahannpur since May, 1988. However, his services has not been considered for regularization.
This Court passed an order as an interim measure on 29.7.2003, wherein it is provided that until petitioner is considered for regularization under the provisions of U.P. Regularization of Daily Wagers Appointment on the Group 'D' Posts, Rules 2001, he shall be allowed to continue in service and paid wages in the minimum of the time scale of pay along with other allowances which is being paid to his regular counter part.
The petitioner filed supplementary affidavit annexing the order dated 27th August, 2007 passed by the District Horticulture Officer, Shahjahanpur, wherein the petitioner was given minimum wages of the time scale of pay along with other allowances,pursuant to interim order passed by this Court. In the said order, it has also been mentioned that the regularization of the petitioner will be considered after the decision of this Court.
The learned Standing counsel has not disputed the entitlement of the petitioner for consideration of his claim for regularization as per U.P. Regularization of Daily Wagers Appointment on the Group 'D' Posts, Rules 2001.
Since the petitioner is working as Class-IV since 1988 and is entitled for consideration of his claim for regularization as per the Rules 2001, the writ petition is disposed of finally with the direction to the District Horticulture Officer, Shahjahanpur, respondent No. 4 to consider the claim of regularization of the petitioner under the relevant rules and pass a reasoned order in accordance with law within a period of three months from the date of the production of certified copy of this order.
The writ petition is finally disposed of. No order as to costs.
Order Date :- 26.2.2018 Akbar