Court No. - 34
Case :- WRIT - A No. - 36558 of 2002 Petitioner :- Surendra Prasad Maurya Respondent :- Director Local Bodies U.P. At Lucknow And Others Counsel for Petitioner :- Harindra Prasad Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Harindra Prasad, learned counsel for petitioner, learned Standing Counsel for respondents and perused ther ecord.
2. Admittedly petitioner was never appointed after following the procedure of recruitment under the Rules. It appears that petitioner was engaged as Tax Amin (NaibMuharir) on 16.7.1990 on daily wage in Nagar Panchayat, Adari, District Mau. Thereafter, relying on Uttar Pradesh Regularisation of Daily Wages Appointment on Group 'C' Posts (Outside the Purview of the Uttar Pradesh Public Service Commission) Rules, 1998 (hereinafter referred to as "Rules, 1998"), which were framed under Proviso to Article 309 of Constitution of India and were not applicable to Municipality, proposal was made to Adhyaksha, Nagar Panchayat, for regularization but no order of regularization was issued at all. Even otherwise, aforesaid Rules, 1998 were not at all applicable to petitioner and, therefore, he could not be regularised thereunder.
3. Now, by means of impugned order, petitioner's illegal appointment has been cancelled on the ground that his appointment was illegal.
4. There is nothing on record to show that petitioner was validly appointment after following the procedure prescribed under the rules. Hence I do not find any manifest error in the impugned order warranting interference.
5. Dismissed.
6. Interim order, if any, stands vacated.
Order Date :- 22.2.2019 KA