Dhak Bahadur S/O Kul Bahadur ... vs State Of U.P. Thru Prin. Secy. ...
2022 Latest Caselaw 12298 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 2105 of 2009
 

 
Petitioner :- Dhak Bahadur S/O Kul Bahadur Banshi
 
Respondent :- State Of U.P. Thru Prin. Secy. Forest And Others
 
Counsel for Petitioner :- Pt. S. Chandra,Amar Deep Mishra,Ganga Singh,Pranesh Mishra,Shruti Dixit
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Irshad Ali,J.

1. Heard learned counsel for the petitioner and learned Additional C.S.C. for respondent - State.

2. The petitioner was initially appointed on the post of Camp Dakia / Khalasi on Class IV post in Forest Department on daily wage basis by the Divisional Forest Officer and the petitioner was working against a sanctioned post, which is still available in the department.

3. In view of judgment in the case of State of U.P. Vs. Puttilal; 2002 (2) UPLBEC page 1595 SC, the petitioner requested to consider his regularization for the post held by him. When no action was taken, the petitioner filed present writ petition for issuance of direction to consider his claim for regularization in the light of observations made in the above referred judgment.

4. The under U.P. Regularization of Daily Wage Appointments on Group-D Posts Rules, 2001 it has been provided that the persons should be appointed directly as daily wager on Group-D post in the government service before June, 1991 and is continuing in service as such on the date of commencement of these rules.

5. It is case of the petitioner that he was granted appointment on 13.08.1994. The rule was further amended vide government notification dated 12.09.2016, whereby cut off date was extended upto 31 December, 2021. The petitioner was engaged on 13.08.1994 as daily wager against the sanctioned post and continued to serve the department till year 2011.

6. In view of above, the claim setup by the petitioner is liable to be considered in the light of government notification dated 12.09.2016, known as "The Uttar Pradesh Regularization 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.

7. Accordingly, the petitioner is directed to move a fresh comprehensive representation ventilating all his grievances before respondent No.2 within a week from today, which will be considered and appropriate reasoned and speaking order shall be passed by respondent No.2 after affording opportunity of hearing to the petitioner within a period of six weeks from the date of production of a certified copy of this order.

8. With the aforesaid observations and directions, the writ petition is disposed of.

Order Date :- 7.9.2022

Adarsh K Singh