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Jagat Narain Tripathi v. State Of U.P. And Others - WRIT - A No. - 38909 of 2004 [2007] RD-AH 17944 (16 November 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Pankaj Mithal,J.

Heard Sri R.K. Porwal, learned counsel for the petitioner and Sri Yogendra Kumar Yadav, learned Standing counsel.

The petitioner was employed as a Lab Assistant in the year 1982 in the Lok Nirman Vibhag. He was transferred on the same post to Etawah in the year 1992. In Etawah there are two posts of Lab Assistant. The petitioner's name was at serial No. 1 in the seniority list above one Subhash Chandra, respondent No. 6. However, instead of regularizing the petitioner who was at serial No. 1 in the seniority list, the services of respondent No. 6 were regularized in the year 1999. The petitioner is not challenging the regularisation of respondent No. 6 but his contention is that the other post of Lab Assistant which was occupied by Satyabrat Misra had fallen vacant due to his retirement with effect from 31.7.2000 be filled up by his regularisation.

Learned counsel for the petitioner submits that the Executive Engineer has already recommended for regularisation of the petitioner on the said post vacated by Satyabrat Misra vide letter dated 14.8.2000 to the Superintending Engineer. The petitioner shall be regularized as soon as the Superintending Engineer accords his approval.

In view of the above submissions, the writ petition is disposed of with the direction to the Superintending Engineer, respondent No. 4 to consider the grant of approval to the regularisation of services of the petitioner on the post of Lab Assistant which had fallen vacant on 31.7.2000 due to retirement of Satyabrat Misra in accordance with law. The Executive Engineer on receiving the approval, if any, from the Superintending Engineer shall proceed to regularize the petitioner as Lab Assistant. The above exercise shall be completed by respondents No. 4 and 5 in accordance with law as expeditiously as possible preferably within a period of two months from the date of production of the certified copy of this order.

It goes without saying that in case the services of the petitioner are regularized, he would be entitled to all consequential benefits admissible to him under law.

The writ petition is disposed of with the above direction.




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