Allahabad High Court
Amit Kumar Sharma And 39 Others vs State Of U P And 3 Others on 23 March, 2021
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 2644 of 2021
Petitioner :- Amit Kumar Sharma And 39 Others
Respondent :- State Of U P And 3 Others
Counsel for Petitioner :- Vrindavan Mishra
Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana,Suresh Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri Vrindavan Mishra, learned counsel for the petitioners and Sri Suresh Singh, learned counsel for the respondent-Development Authority and Sri Sharad Chandra Upadhyay, learned Standing Counsel for the State-respondent.
Petitioners have approached to this Court inter alia with following reliefs.
1. a writ, order or direction in the nature of mandamus restraining the respondent no. 3 and 4 i.e., Moradabad Development Authority, Moradabad through its Secretary and the Vice-Chairman, Moradabad Development Authority, Moradabad from interfering with the peaceful working of the petitioners until the services of the petitioners are regularised.
2. a writ, order or direction in the nature of mandamus commanding the respondents concerned to regularise the services of the petitioners in terms of The Uttar Pradesh Regularisation Of Persons Working On Daily Wages Or On Work Charge Or On Contract In Government Departments On Group "C" and Group "D" Posts (Outside The Purview Of The Uttar Pradesh Public Service Commission) Rules, 2016.
3. a writ, order or direction in the nature of mandamus commanding the respondent no. 2 and 3 i.e., Moradabad Development Authority, Moradabad through its Secretary and the Vice-Chairman, Moradabad Development Authority, Moradabad to release the salary of the petitioners for the month of November and December, 2020 and January 2021 and furthermore to pay salary as against their services regularly.
Learned counsel for the petitioners states that so far as the petitioners' claim for regularisation, the same is covered under The Uttar Pradesh Regularisation Of Persons Working On Daily Wages Or On Work Charge Or On Contract In Government Departments On Group "C" and Group "D" Posts (Outside The Purview Of The Uttar Pradesh Public Service Commission) Rules, 2016. In support of his submissions, he has placed reliance upon the judgment and order dated 9.12.2020 passed in Writ A No. 6262 of 2008 (Ram Naresh Vs. State of U.P. and Others) and as such submits that the similar indulgence may also be accorded to the petitioners.
In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending for consideration and on consent, the writ petition stands disposed of asking the fourth respondent i.e. Vice-Chairman, Moradabad Development Authority, Moradabad to do the needful in the matter within a period of two months from the date of production of a certified copy of this order before him.
Order Date :- 23.3.2021
A.K.Srivastava
