Court No. - 34
Case :- WRIT - A No. - 43426 of 2005 Petitioner :- Rameshwar Pandey Respondent :- State of U.P. and Others Counsel for Petitioner :- Umesh Vats Counsel for Respondent :- C.S.C.,Anoop Trivedi,R.P. Singh
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Umesh Vats, learned counsel for petitioner and learned Standing Counsel for respondents.
2. Petitioner admittedly is an employee of Allahabad Development Authority (hereinafter referred to as "ADA") which is a statutory body constituted under the provisions of U.P. Urban Planning and Development Act, 1973 (hereinafter referred to as "Act, 1973") and, therefore, is not a Government servant.
3. U.P Regularisation of Daily Wages Appointment on Group 'C' Posts (Outside the Purview of the Uttar Pradesh Public Service Commission) Rules, 1998 (hereinafter referred to as "Rules, 1998") framed under proviso to Article 309 of the Constitution are applicable to Government servant of State of U.P. and does not apply to employees of Development Authority. Therefore, impugned order holding that Rules, 1998 are not applicable to petitioner for the purpose of regularization cannot be said to be bad. Besides, no other provision has been placed before this Court whereunder being an employee of Development Authority petitioner is entitled for regularization.
4. The writ petition lacks merit. Dismissed accordingly. Interim order, if any, stands vacated.
Order Date :- 18.12.2019 AK