Court No. - 39
Case :- WRIT - A No. - 18596 of 2019 Petitioner :- Yogesh Kumar Rajpoot Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rahul Jain,Mohd. Akaram Counsel for Respondent :- C.S.C.,Atul Kumar Tiwari
Hon'ble Ashwani Kumar Mishra,J.
While entertaining the writ petition following orders were passed on 22.11.2019:-
"Petitioner had earlier approached this Court by filing writ petition No. 3045 of 2019, which came to be disposed of on 26.2.2019, requiring the third respondent to look into petitioner's grievance. A consequential order has been passed by the Executive Officer rejecting petitioner's claim. The order impugned records that petitioner is not possessing requisite qualification for the post of Pump Operator.
Learned counsel for the petitioner points out that petitioner was initially engaged as Pump Operator on daily wage basis, and he continued to work in such capacity from 2006 to 2012, whereafter he has been working as Safai Nayak. It is stated that petitioner has already completed more than requisite number of years in the employment of the Nagar Palika Parishad and, therefore, denial of regularization as also minimum wages in the facts of the present case is wholly arbitrary. It is also stated that petitioner's claim for regularization has not been even adverted to.
Learned Standing Counsel may obtain specific instructions in that regard by the next date fixed."
Learned counsel appearing for the respondent Nagar Palika Parishad, on the basis of instructions obtained, submits that the minimum qualification required for appointment to the post of Pump Operator is a diploma from I.T.I. which is not possessed by the petitioner. It is, therefore, submitted that petitioner's claim for appointment on the post of Pump Operator cannot be considered. Learned counsel, however, submits that as and when a post would be available of Safai Nayak, petitioner's claim for appointment/regularization would be considered as per law.
As petitioner is admittedly working for the last more than 13 years, it would be appropriate to observe that so long as respondents take work from him his claim for payment of minimum of pay scale would be considered, by passing a fresh order, keeping in view the law laid down by the Apex Court in the case of State of Punjab vs. Jagjit Singh and others, (2017) 1 SCC 148, within a period of six weeks from the date of presentation of certified copy of this order. The order under challenge, in this petition, shall remain subject to the fresh order to be passed by the authority concerned, as indicated above.
Subject to the aforesaid observations, this writ petition stands disposed of.
Order Date :- 29.11.2019 Ashok Kr.