Court No. - 33
Case :- WRIT - A No. - 3398 of 2013 Petitioner :- Ram Singh And Ors.
Respondent :- State Of U.P.Thru Chief Secy. And Ors. Counsel for Petitioner :- Dharmendra Singh,Om Prakash Ojha,Rabindra Nath Ojha Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Heard learned counsel for the parties.
There are eight petitioners in this writ, who claim to be Mali (Gardner) in Chandra Shekhar Azad Park Rajkiya Udyan (Company Bagh), Allahabad. It is alleged that though petitioners are working since long but their services have not been regularized. It is also alleged that rejection of their claim by the orders impugned are also illegal.
Learned counsel for the petitioner clearly states that during the pendency of the writ petition 5 petitioners out of 8 have already been regularized. The writ petition, therefore, survives only at the instance of petitioner nos. 3, 7 and 8.
A counter affidavit has been filed, in which it is stated in paragraph 4 that claim of petitioners no. 3, 7 and 8 are not covered under the Regularization Rules, 2001 and that they were otherwise not working for last 10 years.
Averment made in paragraph 4 of the counter affidavit have been denied in paragraph 5 of the rejoinder affidavit. It is stated that petitioners' claim is covered under the amended regularization rules notified on 12th September, 2016.
It is not in issue that during the pendency of the present petition rules of regularization have been amended and notified on 12th September, 2016. Cut of date for regularization has been altered under these modified rules.
It would, therefore, be appropriate to direct the respondents to accord consideration to the claim of petitioners no. 3, 7 and 8 for regularization in accordance with the notification dated 12th September, 2016. Petitioners will be at liberty to produce all material in support of their plea that their claims are covered under these rules.
It would be open for the respondent no. 4 to examine petitioners' claim with reference to the notification dated 12th September, 2016 and pass necessary orders within a further period of four months thereafter. In the event it is found that the petitioners were engaged for seasonal work and the notification dated 12th September, 2016 is not applicable upon the petitioners for such reason, a specific order in that regard would be passed.
Subject to the aforesaid directions, this petition stands disposed off.
Order Date :- 30.7.2021 Pkb/