Ashutosh Tandon vs State Of U.P. Thru Prin.Secy. ...
2019 Latest Caselaw 6498 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- SERVICE SINGLE No. - 20821 of 2019
 

 
Petitioner :- Ashutosh Tandon
 
Respondent :- State Of U.P. Thru Prin.Secy. Nagar Vikas Lucknow And Ors.
 
Counsel for Petitioner :- Ghaus Beg
 
Counsel for Respondent :- C.S.C.,Shailendra Singh Chauhan
 

 
Hon'ble Manish Mathur,J.

Heard Sri Ghaus Beg, learned counsel for the petitioner and the learned State counsel appearing on behalf of the opposite parties No. 1 and 2 and Sri Krishna Kumar Pandey, Advocate appearing on behalf of the opposite party No. 3 whose Vakalatnama is taken on record.

The petitioner is seeking a direction to the opposite parties to consider his case for regularization on the post of Junior Engineer (Electrical) under Rule 31 of the U.P. Palika Centralized Service Rules, 1966. The learned counsel for the petitioner submits that the petitioner is fully entitled for regularization under the aforesaid rules as also in terms of the judgment and order dated 08.12.2005 passed in the case of Parmanand Mishra vs. State of U.P. and others in writ petition No. 10509 of 1997. The aforesaid was thereafter upheld in the special appeal No. 799 of 2006 vide order dated 18.10.2006 whereafter the special leave to appeal No. 20573 of 2006 was also dismissed upholding the directions of this Court passed in the said writ petition.

The learned counsel for the petitioner submits that in pursuance thereof, the benefit of regularization and other consequential service benefits was extended to the said Sri Parmanand Mishra by means of the order dated 01.03.2008. He further submits that the case of the petitioner is also covered by the aforesaid judgment for which the petitioner has already raised a grievance before the opposite parties by means of the representation dated 24.03.2018 which however is still pending.

The learned counsel for the petitioner at present restricts his prayer for a final decision with regard to the same.

Looking to the innocuous prayer being made by the learned counsel for the petitioner and without entering into the merits of the case, the opposite party No. 1 is directed to take final decision on the grievance of the petitioner by a reasoned and speaking order within a period of four weeks from the date a certified copy of this order is produced before the said opposite party in the light of the judgment rendered in the case of Sri Parmanand Mishra (Supra), Rule 31 of the U.P. Palika (Centralize) Service Rules, 1966 and the Government order dated 24.02.2016, in case the same are applicable.

With the aforesaid observations, the writ petition stands disposed of.

Order Date :- 1.8.2019

C. MANI