Court No. - 58
Case :- WRIT - A No. - 1086 of 2019 Petitioner :- Smt. Seema Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Phool Chandra Singh,Shiv Nath Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition has been filed for a direction upon the respondent no. 3 to regularise the services of the petitioner on the post of Sweeper in 'Kanpur Kanya Mahavidyalaya Inter College Kidwai Nagar, District Kanpur Nagar'. A further prayer is made to direct the respondents to consider petitioner's representation.
Petitioner alleges that she has been engaged by the Institution in the year 1998 and that she has been continuously working there since then. It is also stated that salary was being paid to her by the Institution through out. According to petitioner two vacancies of Class-IV posts (Sweeper) have come into existence on 30.9.2013 and 31.5.2014, and a prayer is made to direct consideration of petitioner's claim for regularization against such vacancy.
A perusal of the record would come to show that the petitioner had also represented her grievance before the District Magistrate, Kanpur Nagar. The District Inspector of Schools, Kanpur Nagar, consequently has informed the District Magistrate vide order dated 3.11.2016 that petitioner's engagement was made as Part time Sweeper for few hours and that she was free to work elsewhere. It has been stated that such part time Safai Karmchari cannot be regularised.This order has been marked to the petitioner but same has not been assailed.
From the materials placed before this Court it transpires that in the year 1998 when petitioner claims to have been appointed as a Class-IV employee, there existed no vacancy and the two posts were already filled. These two posts have subsequently fallen vacant on 30.9.2013 and 31.5.2015. The vacancy occurred on 30.9.2013 could be filled only in accordance with law by resorting to the process prescribed in the Regulations. Admittedly, no such process has been resorted to. In such circumstances, no relief can be granted to petitioner, considering the nature of the petitioner's engagement as part time sweeper.
Writ petition fails and is accordingly dismissed.
However, as and when the institution would proceed to fill up the vacant post, it would be open for the petitioner to apply and her claim will also be considered in accordance with law.
Order Date :- 22.1.2019 n.u.