Court No. - 34
Case :- WRIT - A No. - 15599 of 2002 Petitioner :- Ranveer Singh Respondent :- State of U.P. and others Counsel for Petitioner :- Some Narain Mishra, A.K.Srivastava, Prakash Chandra Shukla, Rajesh Tandon Counsel for Respondent :- C.S.C., C.S. Singh
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Prakash Chandra Shukla, Advocate, for petitioner and learned Standing Counsel for respondents.
2. The only relief sought in the present case is that petitioner be directed to be regularized.
3. Admittedly, petitioner was engaged on daily wage basis as Driver and his appointment was approved by competent authority on 23.09.1997. The aforesaid ad hoc appointment has continued sometimes till 2001.
4. When questioned, learned counsel for petitioner could not show any provision wherein petitioner can claim regularization as a matter of right.
5. The Apex Court in Secretary, State of Karnataka Vs. Uma Devi 2006 (4) SCC 1 has clearly held that in absence of any legal right under the statute for claiming regularization, a person who is not appointed in public service complying with the requirement of Article 16 of the Constitution, cannot have a right either to hold the post or to continue in service or to claim regularization. This has been followed consistently in State of West Bengal & others Vs. Banibrata Ghosh & others 2009 (3) SCC 250; Council of Scientific & Industrial Research & others Vs. Ramesh Chandra Agarwal & another 2009 (3) SCC 35; General Manager, Uttaranchal Jal Sansthan Vs. Laxmi Devi & others 2009 (7) SCC 205; State of Rajasthan and others Vs. Daya Lal & others, 2011(2) SCC 429; Union of India and others Vs. Vartak Labour Union, 2011(4) SCC 200; Brij Mohan Lal Vs. Union of India and others, 2012(6) SCC 502; University of Rajasthan and another Vs. Prem Lata Agarwal, 2013(3) SCC 705; Amarendra Kumar Mohapatra and Ors. vs. State of Orissa and Ors., 2014(2) SCALE 589; Nand Kumar Vs. State of Bihar & Ors., 2014 (3) AWC 2378 (SC); Secretary to Government, School Education Department, Chennai & Ors. Vs. Thiru R. Govindaswamy and Ors., (2014) 4 SCC 769 and Director, Printing and Stationary Department, U.P. Government Press & Ors. Vs. Moti Lal and Ors., (2014) 2 UPLBEC 1193.
6. In view of above, I find no merits in the writ petition.
7. Dismissed.
8. Interim order, if any, stands vacated.
Order Date :- 21.12.2018 PS