Ravendra Kumar vs State Of U.P. And 2 Ors.
2021 Latest Caselaw 597 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 15065 of 2015
 

 
Petitioner :- Ravendra Kumar
 
Respondent :- State Of U.P. And 2 Ors.
 
Counsel for Petitioner :- Anshul Kumar Singhal,A.C.Tiwari(Ac),V.K.Agrawal
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ashwani Kumar Mishra,J.

This writ petition has remained pending since 2015. Despite repeated opportunity, no counter affidavit has been filed. In such circumstances averments made in the writ petition are liable to be accepted as correct by applying the doctrine of non traverse.

According to petitioner he was engaged in October, 2006 in Mental Health and Hospital, Mathura Road, Agra on the post of a Security Clerk. Certain posts were advertised in the year 2009 by the institution against which the petitioner also made an application but while regular appointments were made against other posts but the post of Office Assistant-cum-Record Keeper against which the petitioner had applied was not filled. He further contends that again in the year 2011 various posts were advertised and petitioner applied against it, but result of recruitment has not been declared. It is stated that petitioner has been continuing for the last 14 years in the employment of respondent but neither he has been offered regular appointment nor the vacancy has been filled up. Learned counsel for petitioner has placed reliance upon the judgment of Supreme Court in the case of State of Punjab and others Vs. Jagjit Singh and others (2017) 1 SCC 148 to submit that in the facts and circumstances of this case petitioner's claim for regularization is liable to be considered and till such consideration takes place, the petitioner is entitled to be paid minimum of salary in the scale of pay admissible for the post in question.

Learned Standing Counsel submits that petitioner has not been substantively appointed and therefore, he has no right to continue.

Despite grant of opportunity, no counter affidavit has been filed. In such circumstances, the averments made in the writ petition are liable to be treated as correct. Since the petitioner has been continuing for the last 14 years and the result of recruitment initiated for the post of Office Assistant-cum-Record Keeper has not been declared, as such this petition is disposed of with a direction upon respondent no.2 to consider petitioner's claim for regularization in accordance with the rules and also to grant him salary of minimum pay scale, if he has continuously been working, in light of the observations made by Supreme Court in the case of State of Punjab and others Vs. Jagjit Singh and others (2017) 1 SCC 148.

Required action shall be taken within a period of three months from the date of presentation of copy of this order.

Order Date :- 11.1.2021

Anil K. Sharma