Court No. - 58
Case :- WRIT - A No. - 23126 of 2018 Petitioner :- Satya Prakash Tiwari And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Prabodh Dubey,Brajesh Datta Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioners, who are five in number, claim to be working with the respondent - Deen Dayal Upadhyay, Gorakhpur Univeristy, Gorakhpur on daily wage basis from different dates in the year 1992 - 95. It is stated that their claim for regularization is covered under Uttar Pradesh (Uttar Pradesh Lok Sewa Ayog ke Kshetra ke Bahar) Samooh 'Ga' Or Samooh 'Wa' ke Padon Par Sarkari Vibhag Main Dainik Majdoori ya Karya - Prabhar ya Samvida par Karya Kar Rahe Byaktiyon ki Viniyamitikaran Niyamawali, 2016 (hereinafter referred to as, 'the Rules of 2016') notified on 12.09.2016 and although various reports have been called from different Departments, but a final decision has not been taken so far. It is also stated that similarly placed persons have already been regularized on 30.09.2017 by placing reliance upon Rules of 2016. Grievance of the petitioners is that no decision has yet been taken with regard to their claim of regularization, although their claim is, otherwise, covered under the Rules of 2016 for regularization.
Various representations, made in that regard, are also reported to be pending.
Shri B.D. Pandey, learned counsel for the University submits that grievance of the petitioner would be considered, in accordance with law.
In the facts and circumstances of the case, noticed above, this petition stands disposed of with a direction upon respondent no. 3 to examine the petitioners' claim for regularization, in accordance with the applicable Rules, and to take a reasoned decision, within a period of four months from the date of presentation of a certified copy of this order.
It is made clear that this Court has not adjudicated upon petitioners' entitlement or the question of applicability of the Rules of 2016 upon the University concerned and all such questions are left open to be examined by the University, at the first instance, by reasoned order.
Order Date :- 29.10.2018 Amit Mishra