Court No. - 58
Case :- WRIT - A No. - 19926 of 2018 Petitioner :- Ram Ratan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Rai Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner claims to be working in the Office of Chief Development Officer, Jhansi since November, 1996. According to petitioner, his working has been to the entire satisfaction of the authorities, but his claim for regularization has not been considered. Attention of this Court has been invited to a communication sent by the Chief Development Officer, Jhansi on 26.03.2016 addressed to the Commissioner, Rural Development, U.P., seeking his guidance regarding claim of the petitioner. Subsequent reminders have also been sent by the Chief Development Officer on 27.04.2018, but till date, petitioner's claim has not been considered.
Records further reveal that Commissioner, Rural Development has replied to such query on 21.05.2018, observing that the competent authority can take a decision with regard to grant of regularization to Class III and Class IV employee, in accordance with the 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 ' Regularization Rules 2016').
Grievance is that despite appropriate clarification made by the competent authority, the Chief Development Officer has not taken a final decision in the matter and hence, this petition.
Learned standing counsel submits that petitioner's grievance shall be examined by the authority concerned, in accordance with law.
In the facts and circumstances of the case, noticed above, this petition stands disposed of with a direction upon respondent no. 4 to accord consideration to the petitioner's claim for being regularized in service under the Rules of 2016, in accordance with law, within a period of four months from the date of presentation of a certified copy of this order.
It is made clear that this Court has not examined the petitioner's entitlement on merits and all issues are left open for the authorities competent to consider in accordance with law.
Order Date :- 18.9.2018/Amit Mishra