Allahabad High Court
Kamlesh vs State Of U.P. And 2 Others on 22 February, 2021
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 1331 of 2021
Petitioner :- Kamlesh
Respondent :- State Of U.P. and 2 others
Counsel for Petitioner :- Anant Ram Dube,Shobhit Dubey
Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
The petitioner is before this Court assailing the validity of the order impugned dated 30.11.2020 passed by the respondent no.3/Divisional Forest Officer, Obra Forest Division, Sonebhadra, in so far as it relates to the petitioner. The request has also been made for issuing direction to the respondents, particularly the respondent no.3 not to interfere in his peaceful working as Class-IV employees on daily wage basis in any manner and to pay his minimum wages regularly month to month as and when it falls due.
Learned Standing Counsel has conceded that the issues raised in this petition stands settled in favour of the petitioners in terms of the judgment rendered in Bandhu And 13 Others Vs. State of U.P. And 2 Others (Writ -A No.-1282 of 2021).
The aforesaid writ petition, which was based on identical facts, came to be allowed in the following terms:-
"Heard learned counsel for the parties.
This petition impugns an order dated 30 November 2020 pursuant to which the claim of the petitioners for regularization under the 2016 Rules has come to be negatived and a further direction issued for bringing their services to an end. As this Court reads the impugned order, it notes that no reason has been assigned or recorded in support of the ultimate conclusion that the petitioners were ineligible for regularization under the Rules. All that the respondent notes is that in light of the recommendation made by the Selection Committee in its report, the petitioners are not entitled to the benefits of the 2016 Rules.
Since no reasons have been assigned nor have the petitioners been confronted with the report of the Selection Committee, learned Standing Counsel submits that the ends of justice would merit the impugned order being set aside and the claim of the petitioner for regularization being considered afresh.
Accordingly, the writ petition is allowed. Impugned order dated 30 November 2020 is quashed. The matter shall stand remitted to the third respondent for consideration afresh and bearing in mind the observations made hereinabove. All contentions of respective parties on merits are kept open."
Accordingly, this writ petition shall stand allowed on similar terms.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicants alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.2.2021
RKP
