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Ram Bihari And 6 Ors. vs State Of U.P. Thru Prin.Secy. ...

High Court Of Judicature at Allahabad|18 December, 2019

JUDGMENT / ORDER

Heard learned counsel for the parties.
By means of this writ petition, the petitioners have prayed for the following reliefs:-
"(i) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to consider the regularisation of the petitioners in Group 'D' category post under the provisions of the U.P. Regularisation of Persons Working on Daily Wages or on Work Charge or on Contract in government Departments on Group 'C' and Group 'D' posts (out-side the purview of the Uttar Pradesh Public Service Commission) Rules, 2016, and issue the appointment/ regularisation order in consequent to the select list prepared under Rule 6 (4) and recommendations made by the Selection/ Regularisation Committee on 04.08.2018,whereupon approval was accorded by the Divisional Forest Officer, Raebareli, as contained in Annexure No.1 to the writ petition, and pay them salary regularly admissible to the post accordingly.
(ii) to issue a writ, order or direction in the nature of mandamyus commanding the opposite parties to allow consequential benefits to the petitioners consequent upon the regularisation of the petitioners on Group 'D' post and till such regularisation is made, the opposite parties may be directed to allow minimum of the regular pay scale as admissible to the regular Group 'D' cadre of the Forest Department of U.P. with effect from 04.08.2018 i.e. from the date of preparation of selection list under the aforesaid Regularisation Rules, 2016."
The contention of learned counsel for the petitioners is that the opposite party has issued the list of 11 persons who are eligible to be considered for promotion but no consequential order has yet been passed since 04.08.2018 when the aforesaid list was issued.
Learned counsel for the petitioners has further contended that this Court in identical circumstances decided the bunch of writ petitions, which has been reported as 2019 (37) LCD 2293; Hanuman Prasad and others vs. State of U.P. & others directing the opposite parties to consider the regularisation of the petitioners considering their length of services so rendered.
Learned counsel for the petitioners has therefore submitted that the names of the petitioners find place in the eligibility list dated 04.08.2018 (Annexure No.1 to the writ petition) and about one year and four months period have passed but no consequential order has been issued.
Learned counsel for the petitioners has also submitted that in the eligible list dated 04.08.2018 (Annexure No.1 to the writ petition), the person whose name finds place at serial No.1, namely, Satish Kumar, has already been considered for regularisation but no appropriate order has been passed in the case of the present petitioners without any rhyme or reason.
Therefore, he has made innocuous prayer that the direction may be issued to the Competent Authority to pass appropriate consequential order in the case of the present petitioners.
Considering the aforesaid request of learned counsel for the petitioners, I hereby dispose of this writ petition finally at the admission stage directing the opposite parties to pass appropriate order on the basis of select list dated 04.08.2018 (Annexure No.1 to the writ petition), strictly in accordance with law and also in light of the judgment being issued in the identical cases with expedition preferably within a period of two months from the date of production of a certified copy of this order.
Order Date :- 18.12.2019 Suresh/ [Rajesh Singh Chauhan,J.]
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Title

Ram Bihari And 6 Ors. vs State Of U.P. Thru Prin.Secy. ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
18 December, 2019
Judges
  • Rajesh Singh Chauhan