Chandra Mohan Yadav vs State Of U.P. And 2 Others
2022 Latest Caselaw 19902 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 20152 of 2022
 

 
Petitioner :- Chandra Mohan Yadav
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Bhagwan Dutt Pandey
 
Counsel for Respondent :- C.S.C.,Manoj Kumar Singh
 

 
Hon'ble Vikram D. Chauhan,J.

The present writ petition has been filed with the following prayer:

"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to regularize the services of petitioner since the date of initial appointment or from the date 10.04.2003 the date amended Rule 21-A of U.P. Palika (Centralize) Service Rules, 1966 introduced.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to treat the services of the petitioner be regularized from the date of initial appointment i.e. 07.03.1995 or from the date 10.04.2003 the date amdended Rule 21-A of U.P. Palika (Centralize) Service Rules, 1966 introduced as has been considered the claim of Sri Kailash Singh Yadav, Junior Engineer (Jalkal) & Mr. Parmanand Mishra by the respondent no.2.

(iii) Issue a writ, order or direction in the nature of mandamus directing the respondents to change the date of regularisation of the petitioner dated 26.02.2008 as has been changed the date of regularisation of Mr. Parmanand Mishra (J.E.) by the respondent no.2 on 12.11.2021.

(iv) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to consider and decide the claim of petitioner contained in representation dated 01.09.2022 (Annexure no.7) for being regularised the services of petitioner from the date of initial appointment w.e.f. 07.03.1995 or alternatively from the date 10.04.2003, the date amended rule-21-A of Rules, 1966 introduced as the services of one appointee appointed so like petitioner Mr. Parmanand Mishra had been regularised w.e.f. 23.08.2003 under the order dated 12.11.2021 and the regularization order dated 26.02.2008 of the petitioner be amended accordingly."

It is submitted by learned counsel for the petitioner that the petitioner is working on the post of Junior Engineer under the respondent and he has been regularized on 26.2.2008 although he claims regularization w.e.f. 10.4.2003 i.e. the date when U.P. Palika (Centralize) Service Rules, 1966 came into force.

Learned counsel for petitioner has relied upon judgments of this Court passed in Writ-A No.10374 of 2020 (Kailash Singh Yadav Vs. State of U.P. and another) and Writ-A No.8894 of 2022 (Pradeep Kumar Srivastava Vs. State of U.P. and 2 others) to submit that petitioner's date of regularization to be considered from 10.4.2003 when Rule 21-A of U.P. Palika (Centralize) Service Rules, 1966 was introduced. It is submitted that petitioner has filed a representation dated 1.9.2022 before respondent no.2. However till date, no order has been passed.

Sri Manoj Kumar Singh, learned counsel for respondent No.3 submits that the claim of petitioner shall be considered in accordance with law in a time bound manner.

Considering the facts and circumstances of the case and submission of learned counsel for the parties, it is hereby provided that the respondent No.2 shall decide the representation dated 1.9.2022 of the petitioner in accordance with law, within a period of two months from the date of production of a certified copy of the order.

With the aforesaid observation/direction, the writ petition is disposed of.

Order Date :- 5.12.2022

D. Tamang