Heard Sri H.G.S. Parihar, learned counsel for the petitioner as well as leaned standing counsel.
Learned counsel for the petitioner has informed that his case is squarely covered by the order passed in W.P.No. 2629(S/S) of 2007 J.S. Tripathi versus State of U.P. & others. Learned standing counsel agrees with this fact.
The petitioner's date of appointment is 28.7.1993 but he has joined on 03.08.1993. The cut of date for implementation of Section 33-C of the Act, 1982, is 6.8.1993. Therefore, clearly, the petitioner's case will be covered by the order passed in the aforesaid writ petition.
Learned Counsel for the Petitioner submits that the petitioner was appointed on 03.08.1993 and when his salary was not paid, he was compelled to file a writ petition before this Court in which an interim order was passed on 2.5.1994. The papers relating to the petitioner's appointment have not been forwarded to the Joint Director for regularizing the services of the petitioner. Learned Counsel for the Petitioner further submits that the petitioner is covered under the provisions of Section 33(C) of U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as the Act, 1982 for the sake of brevity), as he was appointed on 03.08.1993 and since then he is continuously working and discharging his duties and is being paid salary.
Learned counsel for the opposite parties submits that the petitioner's salary for the period prior to interim order has not been paid.
I have considered the arguments of the learned counsel for the parties.
The petitioner, who has been discharging the duties since 1993, is liable to be considered for regularization as ultimately the fate of the writ petition would be in allowance of the writ petition and the petitioner would also be entitled for payment of salary. Merely because the salary has not been paid prior to the interim order, it cannot be presumed that the petitioner has not been working since 03.08.1993 falls within the cut off date, i.e., 6.8.1993 as provided under Section 33-C of the Act, 1982.
Considering the above legal position and the provisions contained under Section 33-C of the Act, 1982, the opposite parties, including the Joint Director of Education, are directed to consider the case of the petitioner for regularization within a period of two months from the date of production of a certified copy of this order. Till the regularization is considered, no person shall be appointed on the present post.
Order Date:-5.4.2012 Rabindra