Court No. - 16
Case :- WRIT - A No. - 17837 of 2018 Petitioner :- Sudhir Kumar Saxena Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devendra Tiwari Deva Counsel for Respondent :- C.S.C.,Rajesh Kumar Pandey
Hon'ble Mrs. Sangeeta Chandra,J.
Heard learned counsel for the petitioner and Shri Rajesh Kumar Pandey, learned counsel for respondents no. 2 & 3.
The grievance of the petitioner is that he ought to have been regularized when his juniors were regularized but he was wrongly suspended on false and fabricated charges. He has filed a departmental appeal before the competent authority which was allowed on 30.07.2008 with a direction to the respondents to issue a show cause notice to the petitioner. The petitioner has submitted a detailed reply to the show cause notice, but no action has been taken. The petitioner had filed Writ Petition No. 10734 of 2015 which was disposed of by this Court on 19.03.2015.
Thereafter the petitioner was regularly approaching for regularization in service but nothing has been done by the respondent authorities. He had also filed Writ Petition No. 39055 of 2017. Taking the aforesaid fact into account this Court disposed of the writ petition on 28.08.2017 with certain directions. On the basis of such disposal, the case of the petitioner was considered and he was regularized only w.e.f. 02.04.2018, although the Court had granted him continuity in service in earlier litigation.
The petitioner is due to retire on 19.06.2022 and he has made a representation for his case to be considered for regularization from an earlier date. The representation dated 12.05.2018 is still lying un-disposed of.
This writ petition is disposed of, without entering into the merits of the controversy, with a direction to the respondent no. 2 (Nagar Ayukt, Nagar Nigam, Bareilly) to consider the grievance of the petitioner and pass appropriate reasoned and speaking order strictly in accordance with law within a period of eight weeks from the date a certified copy of this order is filed before him.
Order Date :- 23.8.2018/VR