Heard Counsel for the petitioner and the Standing Counsel on behalf of the respondents.
The petitioner has filed the instant writ petition against his order termination on 25.5.2001 on the ground that he was appointed in September 1987 on a group D post and since then he had put in more than 13 years of service but his services were terminated orally.
This Court by an ad interim order dated 19.6.2001 provided that the opposite parties shall allow the petitioners to continue in service.
Counsel for the petitioner submits that the petitioner is still working. The grievance of the petitioner is that their case for regularization has not been considered by the opposite parties, though they have served the department for more than two decades and were working on the cut off date as provided in the U. P. Regularization of Daily Wages Appointments on Group 'D' Rules, 2001.
Learned counsel for the petitioner has vehemently contended that denial of benefit of regularization for which the petitioners are legally entitled, are highly arbitrary, unjustified and causing great injustice to the petitioners. Further, he submits that the petitioners have rendered several long years of service but they have not yet been been regularised, whereas persons junior to them have been regularised.
It is not disputed that the petitioner was engaged in 1987 and was working on the cut off date provided in Regularization Rules 2 though under the interim orders of this court. The requirement under the Regularisation Rules is that an incumbent was directly appointed on daily wage basis in a government service before 29.6.1991 and are continuing in service as such on the date of commencement of the said Rules. The further requirement under the Rules is that he must have possessed requisite qualification required for regular appointment on that post at the time of such employment on daily wage basis.
In view of above, the opposite parties are directed to consider the case of the petitioners for regularization, under the U. P. Regularization of Daily Wages Appointments on Group 'D' Rules, 2001, within a maximum period of three months from the date of presentation of a certified copy of this order.
With the aforesaid observations and directions, the writ petition is disposed of finally.
Dt.6.1.2010 HM/