Arun Kumar Pandey vs State Of U.P.Thr.Secy Local ...
2013 Latest Caselaw 225 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 

 
Case :- SERVICE SINGLE No. - 1577 of 2007
 

 
Petitioner :- Arun Kumar Pandey
 
Respondent :- State Of U.P.Thr.Secy Local Bodies And 4 Ors.
 
Petitioner Counsel :- P.S.Bajpai,Irshad Ali
 
Respondent Counsel :- C.S.C.,H N B Sinha,Ravi Singh
 

 
Hon'ble Pankaj Mithal,J.

Heard learned counsel for the parties.

In all 13 persons applied for regularization/absorption of their services on the post of Tube-well Operator with the Nagar Palika Parisad, Faizabad by means of this petition. During pendency of the writ petition some of the petitioners were regularized and as such petitioners no. 2,4,6 and 13 withdrew from the petition vide order dated 11.3.2010. Thus, the petition at present is being pressed on behalf of the remaining petitioners only for regularization of their services as Tube-well Operator.

The submission of the learned counsel for the petitioner is that the petitioners are duly qualified to the post of Tube-well Operator and that they have been working since 1990-91. 

The matter of regularization has to be considered by the Executive Officer of the Nagar Palika Parisad, Faizabad in accordance with the Rules in force ie. U.P. Regularization of  Daily Wages Appointment on Group D Posts Rules, 2001.

In view of the aforesaid facts and circumstances, as the matter involves consideration of factual aspects, which can not be gone into in exercise of writ jurisdiction, the petition is disposed of with the direction to the petitioners to make a fresh representation in this regard to respondent no. 4 within a period of one month from today along with certified copy of this order and in case such a representation claiming regularization and the pay scale of the Tube-well Operator is made, respondent no. 4 shall consider and pass appropriate orders in accordance with law as expeditiously as possible preferably within the next three months thereafter. 

Petition disposed of accordingly.

Order Date :- 3.4.2013

SKS