Ranvir Mishra And Others vs State Of U.P. Through The Secy. ...
2022 Latest Caselaw 3407 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- WRIT - A No. - 2969 of 2010
 

 
Petitioner :- Ranvir Mishra And Others
 
Respondent :- State Of U.P. Through The Secy. Dairy Development Lucknow
 
Counsel for Petitioner :- Shailendra Prasad Sharma,Gaurav Mehrotra,Santosh Kumar Tripathi
 
Counsel for Respondent :- H.P.Gupta
 
with
 
Case :- WRIT - A No. - 1860 of 2010
 

 
Petitioner :- Raghavesh Kishor Pandey S/O Vaidya Nath Pandey
 
Respondent :- State Of U.P. Thur Secretary Dairy Development
 
Counsel for Petitioner :- Dr. L.P. Mishra,Gaurav Mehrotra,Santosh Kumar Tripathi
 
Counsel for Respondent :- C.S.C.,H.P. Gupta,Pankaj Patel,Sudeep Kumar
 

 
Hon'ble Irshad Ali,J.

1. Heard Ms. Maria Fatima, Advocate holding brief of Mr. Gaurav Mehrotra, learned counsel for the petitioners and learned Standing Counsel for the State-respondent.

2. By means of the present writ petition, the petitioners have prayed for issuance of writ of mandamus commanding the respondents to regularize the petitioners in service as Dairy Supervisor, Accountant, Stenographer, Electrician, Refrigeration Plant Operator and Fitter cum Mechanic respectively and to pay them regular scale of pay as admissible to the posts.

3. Brief facts of the case are that the petitioners were initially appointed on contract basis as full time employees in the establishment of respondent No.5. Thereafter, the term was extended from time to time till date and later on, the petitioners were appointed on daily wage basis as full time employees and till date they are working continuously. There is no complaint of any nature in regard to their work and conduct.

4. Some of the petitioners have also undergone Apprenticeship Training at the Dugdh Sangh on the post of Dairy Supervisor, Accounts Assistant, Typist and Refrigeration Plant Operator.

5. The Milk Commissioner/ Registrar issued a circular dated 22.10.2001 in regard to the selection and appointment on the non managerial Class-III and Class-IV posts in various Milk Federations, comprising of three member selection committee.

6. On 7.6.2004, after constitution of such expert committee, a meeting of the said committee was convened, in which the educational and other qualifications for various posts were decided vide resolution No.1 and vide resolution No.2, four employees namely, Balram Tripathi, Rakesh Bhooshan Verma, Smt. Nita Misra and Bhawani Pher, who were working on daily wage basis in the Milk Federation, were decided to be regularized on their respective posts. Vide resolution No.3, the persons working on contract basis including the petitioners were decided to be appointed on daily wage basis/ muster roll on various posts.

7. A resolution of the expert committee dated 7.6.2004 adopted in its meeting were sent for approval of the Milk Commissioner, U.P. and the Additional Milk Commissioner vide order dated 31.7.2004, approved the said resolution Nos.1, 2 and 3, taken by the expert committee on 7.6.2004.

8. Governing Body of the Milk Federation, Faizabad (Sanchalak Mandal of Dugdh Utpadak Sahakari Sangh Ltd., Faizabad) on 28.12.2004 passed resolution No.7, in regard to the regularization of the aforementioned four persons working on daily wage basis and also in regard to the engagement of the persons, working on contract basis, on daily wage basis, including the petitioners on their respective posts. The said governing body convened a meeting on 28.1.2007 and vide resolution No.8, empowered the General Manager of the Milk Federation, Faizabad for regularization of the employees working on daily wage basis, including the petitioners.

9. The General Manager, Dugdh Utpadak Sahkari Sangh Ltd., Faizabad wrote a letter dated 6.9.2008 to the Regional Dairy Development Officer, Faizabad Region, Faizabad, regarding regularization of the said employees working on daily wage basis including the petitioners seeking permission for holding of the meeting of the expert committee for consideration of 15 employees working on daily wage basis, including the petitioners.

10. The Regional Dairy Development Officer vide letter dated 25.10.2008 sought information from the General Manager, Dugdh Utpadak Sahkari Sangh Ltd., Faizabad in regard to the financial status of the Milk Federation and in reply to the said letter, the General Manager of the Milk Federation vide letter dated 27.10.2008, intimated the Regional Dairy Development Officer that since 2003-04 to 2007-08, the Milk Federation is in profit and in the year 2008-09 till September, 2008, the Milk Federation was in net profit of Rs.5,99,451/- and in case the service of the petitioners is regularized, the Milk Federation can bear the expenses easily and there will not be financial problem in payment of salary etc. to such employees.

11. The General Manager, Dugdh Utpadak Sahkari Sangh Ltd., Faizabad in reference to the letter dated 25.10.2008 fixed 7.11.2008 for the meeting of the expert committee for consideration of regularization of 15 employees working on daily wage basis, including the petitioners. The Regional Dairy Development Officer vide letter dated 6.11.2008, intimated the General Manager that as on 7.11.2008, a local holiday has been declared, therefore, the proposed meeting of the expert committee for considering the regularization of the daily wage employees is postponed and the next date for such meeting shall be intimated later.

12. The General Manager, Milk Federation vide letter dated 1.12.2008 asked for permission of the Regional Dairy Development Officer for scheduling a meeting of the expert committee for considering the regularization of the petitioners and some other matter. The Regional Dairy Development Officer wrote to the General Manager, Milk Federation that as the proposal in regard to regularization of the daily wage employees passed by the Milk Federation on 28.1.2007 has become more than 6 months old and now the District Magistrate, Faizabad is working as Administrator of the Milk Federation, Faizabad, therefore, it is necessary that approval in that regard be obtained from the Administrator in regard to the proposal of regularization.

13. The petitioners made representations dated 18.7.2009, 18.8.2009, 18.9.2009 and 18.10.2009 to the respondent No.7 requesting for their regularization. A large number of Cooperative Societies, including the District Level Milk Federations, the persons having been appointed subsequent to the appointment of the petitioners have been regularized and such regularized employees include the employees of both sets of Cooperative Societies falling within the ambit of U.P. Cooperative Institutional Service Board and falling outside the said ambit.

14. In spite of resolution and approval granted by the competent authority, till date no steps whatsoever have been taken for regularization of service of the petitioners.

15. Submission of learned counsel for the petitioners is that there is no rational justification on the part of the respondents in keeping the matter pending since long and not considering the claim of regularization of the petitioners. Her next submission is that the petitioners are entitled for regularization as they are working since long and vacancies are lying vacant in the department. Next submission is that in view of the judgment in the case of State of Punjab and others Vs. Jagjit Singh and others [(2017) 1 Supreme Court Cases 148], the daily wagers, if they are discharging their duties and their claim is liable to be considered for regularization, they are entitled for regular pay scale.

16. On the other hand, learned Standing Counsel submits that in paragraph-9 of the counter affidavit, specific averment has been made in regard to the financial crunch in case the service of the petitioners has been regularized. He submits that although the resolution of the Committee and approval has been passed for regularization, but since long no consideration whatsoever has been made for regularizing the service of the petitioners. He submits that the petitioners are not entitled for regularization of their service and the writ petition lacks merit and is liable to be dismissed.

17. I have considered the submission advanced by learned counsel for the parties and perused the material on record.

18. On perusal of the supplementary affidavit, there is a resolution dated 21.7.2012, whereby it was resolved to regularize the service of the petitioners. The resolution was sent for approval, which has also been accorded vide order dated 7.12.2012. On the proposal, certain queries were made by the Additional Milk Commissioner and in response to the query made, it was duly supplied by the respondent No.5, which is Annexure-23 of the paper book.

19. Looking to the above facts and circumstances of the case, there is no justification on the part of the respondents in keeping the matter pending since long.

20. In view of the reasons recorded above, this writ petition deserves to be allowed. Accordingly, the writ petition is allowed.

21. Writ of mandamus is issued to the respondent No.2 to consider and pass appropriate order for regularization of service of the petitioners within a period of six weeks from the date of production of a certified copy of this order.

22. It is however made clear that in view of the judgment rendered in the case of State of Punjab and others Vs. Jagjit Singh and others (Supra), the petitioners shall be paid regular pay scale in the meantime.

Order Date :- 19.5.2022

Gautam