Court No. - 37
Case :- WRIT - A No. - 7065 of 2018 Petitioner :- Umesh Kumar Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Singh,Dharmendra Singh Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State- respondents.
The petitioner claims himself to be a daily wager and had earlier approached this Court for regularization by filing a writ petition being Writ A No. 60307 of 2015, which was disposed of by order dated 2.11.2015 directing the authorities to consider the claim of the petitioner and pursuant thereto an order has been passed on 4.2.2016, which is now being challenged in 2018.
From the order impugned it appears that the petitioner was not correct in his submission that he was working since 2000. In fact, he was engaged in 2008 and worked till 2013 as daily wager and was paid his wages. As is revealed from the order impugned was now engaged through a service provider working as such in the department.
That being the case, neither the Regularization Rules, 2001 would be applicable nor the Rules of 2016 known as the Uttar Pradesh Regularization of Persons Working On Daily Wages or On work Charge or On Contract In Government Departments On Group 'C' and Group 'D' Posts (Outside the Purview of the Uttar Pradesh Public Service Commission) Rules, 2016 (in short "the Regularization Rules, 2016") will be applicable to the petitioner. .
There is no merit in the writ petition. It is, accordingly, dismissed.
Order Date :- 28.2.2018 SKM