Court No. - 16
Case :- WRIT - A No. - 17535 of 2018 Petitioner :- Shravan Kumar Sharma Respondent :- U.P. State Bridge Corporation Ltd. And 2 Others Counsel for Petitioner :- Bed Kant Mishra Counsel for Respondent :- Pranjal Mehrotra
Hon'ble Mrs. Sangeeta Chandra,J.
The case of the petitioner as argued by his counsel is to the effect that the petitioner has been working on the post of Mechanic on daily wages since 1987 but has also been charged with the duty of Heavy Mechanic. His juniors have been regularized but the candidature of the petitioner has not been considered.
Initially the petitioner had filed Writ Petition No. 20710 of 2006 claiming promotion/regularization on the post of Heavy Mechanic. The respondent no. 3 passed an order on 04.09.2009 rejecting the claim of the petitioner on the ground that practice followed in the Bridge Corporation is for engaging persons on muster roll and thereafter in the work charge and on the basis of the seniority giving them absorption/regularization on the post of Heavy Mechanic and the petitioner is junior to several others who are still waiting for absorption on Mechanic. Later on the petitioner was also regularized as Heavy Mechanic through office memorandum dated 13.04.2013 but his case for the post of Heavy Mechanic has not been considered. The petitioner has already made a representation dated 21.10.2016 to the respondent no. 3 which is pending disposal.
Shri Pranjal Mehrotra has pointed out that the petitioner has not challenged the order dated 04.09.2009 and 13.04.2013 and the only prayer for absorption as Heavy Mechanic has been made.
This Court has considered the objections raised by Shri Pranjal Mehrotra but it is of the opinion that 9 years have passed since the order dated 04.09.2009 was issued by the respondent. In 9 years much water has flowed down the river and several opportunities might have come for the petitioner to be absorbed as Heavy Mechanic in the meanwhile, after his seniors were so absorbed. With regard to the order dated 13.04.2013 the same has been passed regularizing the petitioner as Mechanic only. His claim for promotion as Heavy Mechanic has not been considered. The petitioner cannot be said to be aggrieved by the order dated 13.04.2013 and he need not have challenged the same.
This writ petition is disposed of with a direction to the respondent no. 3 to consider the case of the petitioner strictly in accordance with law and pass an appropriate reasoned and speaking order thereon within a period of eight weeks from the date a certified copy of this order is filed before him.
Order Date :- 18.8.2018 VR