Court No. - 19
Case :- WRIT - C No. - 10093 of 2019 Petitioner :- Rakesh Jauhari Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Rashtrapati Khare,Amal Kumar Srivastava Counsel for Respondent :- C.S.C.,Shri Kant Shukla
Hon'ble Saurabh Shyam Shamshery,J.
The brief facts unfolded from the contents of material available on record are that by way of an award dated 7.4.1993, petitioner was awarded reinstatement with full back wages. In pursuance of said award, petitioner was reinstated on 12.11.1993 and thereafter, he was regularized under office order dated 5.12.2016 and was retired on 31.7.2018. However, petitioner is still aggrieved that he ought to have been regularized from the date when the said award was passed, i.e. on 7.4.1993. It is also contended that some junior employees have been regularized on much earlier considering their length of service.
Shri Kant Shukla, learned counsel for respondent - U.P. State Food and Essential Commodities Corporation Ltd. submitted that directions of the award were satisfied and the petitioner was reinstated. So far as the back wages is concerned, proceedings against the said award are pending before this Court, meanwhile, petitioner was retired also and presently, he is getting family pension. The prayer of the petitioner cannot be considered at belated stage.
Considering the facts and submissions mentioned above, it is evident that the petitioner was reinstated in pursuance of the said award and was also regularized in the year 2016. The grievance of the petitioner that he ought to have been regularized from the date of award passed neither followed from the operative part of the award nor any document or policy was placed before this Court in support of submission.
The petitioner has already retired and he is getting family pension as fixed by the respondents. The prayer of petitioner cannot be allowed as he has approached this Court in the year 2019 after his retirement and not at the stage when he was regularized in the year 2016 to ventilate his grievance. The petitioner has failed to show any law, document or policy in support of his submission.
In view of the above, this writ petition sans merit and is accordingly dismissed.
Order Date :- 24.9.2021 Rishabh [Saurabh Shyam Shamshery, J.]