Court No. - 37
Case :- WRIT - A No. - 14685 of 2019 Petitioner :- Rajendra Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Chandra Yadav Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
By means of this writ petition the petitioner is claiming regularization under Uttar Pradesh Regularization of Persons Working on Daily Wages or on Work Charge or on Contract in Government Departments on Group 'C' and Group 'D' Posts (Outside the Purview of the Uttar Pradesh Public Service Commission) Rules, 2016 (in short "Rules of 2016").
The petitioner claims that he is working as a daily wage worker in Government Degree College, Babrala, Gunnaur, District Sambhal. From Annexure No. 1 of the writ petition it appears that the petitioner is working on daily wage basis from February 2006.
I have heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
Without going into the question as to whether the degree college is a Government Department or not, as contemplated under the aforesaid Rules of 2016, Rule 6 of the Rules of 2016 for ready reference is quoted herein below :
"(1) Any person who -
(i) was directly engaged or employed or deployed or working on daily wages or on work charge or on contract in a Government Department on Group 'C' or Group 'D' post (outside the purview of the Uttar Pradesh Public Service Commission) on or before December 31, 2001 and is still engaged or employed or deployed or working as such on the date of the commencement of theses rules."
The Rules have been made applicable from 12.9.2016.
In my view, these Rules are applicable to such daily wage workers who were engaged prior to 31 December, 2001 and have continued ever since till the promulgation of these Rules would be entitled. The petitioner for the first time was engaged in 2006, as such, these Rules are not applicable on the petitioner.
The writ petition is misconceived and it is, accordingly, dismissed.
Order Date :- 25.9.2019 Sunil Kr. Gupta