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ANIL KUMAR & OTHERS versus STATE OF U.P. & OTHERS

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 [2007] RD-AH 6930 (17 April 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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

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.  

D/-17.4.2007

SCS/18747


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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