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Ajay Kumar Nayak v. Director Medical Education & Training Lucknow & Another - WRIT - A No. 43214 of 2001  RD-AH 7453 (24 April 2007)
Civil Misc. Writ Petition No. 43214 of 2001
Ajay Kumar Nayak
Director, Medical Education and Training, Jawahar Bhawan, Lucknow & another
Hon'ble Vineet Saran, J
Heard Sri D.S.P. Singh, learned counsel appearing for the petitioner as well as learned Standing Counsel appearing for the respondent no. 1 and Sri V.P. Mathur, learned counsel appearing for the respondent no. 2. Pleadings have been exchanged and with consent of the learned counsel for the parties, this writ petition is being disposed of at the admission stage.
The petitioner claims to have been engaged on daily wage basis in the SIFPSA project run by the respondent no. 2-Medical College in collaboration with the Directorate of Health and Family Welfare, U.P.
It is not disputed that the said project has already completed but the petitioner contends that after completion of the project he continued to work with the respondent-Medical College.
The petitioner has not placed any appointment letter engaging him on daily wage basis. He has merely filed copy of the experience certificate issued by the Head of the Department of the Project Directorate. It is the categorical case of the respondent-Medical College that there is no post of Computer Operator on which the petitioner can be regularized as has been prayed by him. In the absence of there being any post or any Rules regulating to regularization in service, the direction for regularization of the petitioner cannot be granted. However, it is provided that in case if the post of Computer Operator is created, the case of the petitioner for appointment on such post shall be considered by the respondent-Medical College, in accordance with law, giving due weightage to his experience of having worked on such post. It is further provided that in case if the respondent-Medical College engages some other person on daily wage basis on the post of Computer Operator, no appointment or engagement shall be made without considering the case of the petitioner.
With the aforesaid observations/directions, this writ petition is finally disposed of. No order as to costs.
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