High Court of Judicature at Allahabad
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Anil Kumar & Others v. State Of U.P. & Others - WRIT - A No. 18747 of 2007  RD-AH 6930 (17 April 2007)
Hon'ble Ashok Bhushan, J.
Heard counsel for the petitioners.
By this writ petition the petitioners have prayed for mandamus directing the respondents to regularise the petitioners' service on vacant sanctioned post of Mali. A mandamus has also been prayed directing the respondents to pay salary of Class IV to the petitioners. Petitioners' case in the writ petition is that the petitioners are working as Mali on daily wage basis. The engagement of the petitioners had been made respectively on 14.3.1994, 13.3.1997 and 14.2.1999. According to U.P. Regularisation of Daily Wagers Group 'D' Employees Rules, 2001 only those daily wagers who were appointed on group 'D' posts prior to 29.6.1991 are eligible for consideration for regular appointment. Petitioners being engaged subsequent to the aforesaid date they are not entitled for the benefit of 2001 Rules. The petitioners not being eligible for consideration for regular appointment, no mandamus can be issued as prayed. With regard to mandamus for paying salary of Class IV employees, the petitioners being daily wagers salary of Class IV cannot be paid. However, in the event the wages of any particular period has not yet been paid, it is open to the petitioners to represent to the authority concerned in that regard.
with the above observations the writ petition is dismissed.
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