High Court of Judicature at Allahabad
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Vishnu And Others v. State Of U.P. And Others - WRIT - A No. 30540 of 2003  RD-AH 104 (27 February 2004)
Civil Misc. Writ Petition No. 30540 of 2003
Vishnu and others Versus State of U.P. and others
Civil Misc. Writ Petition No. 36555 of 2003
Phool Chandra Gupta Versus State of U.P.and others
Hon'ble Rakesh Tiwari,J.
Heard counsel for the parties and perused the record.
By means of the aforesaid writ petitions, the petitioners have prayed for a direction in the nature of mandamus commanding respondents to regularise the services of the petitioners in accordance with U.P. Regularisation of Daily Wagers Appointment of Group ''D' Posts Rules 2001 passed by the State Government.
The counsel for the petitioners contends that the petitioners, who are daily wagers, are entitled to be regularized in service under the U.P. Regularisation of Daily Wagers Appointment of Group ''D' Posts Rules, 2001. The counsel for the respondents submits that in view of Surendra Kumar Sharma Versus Vikas Adhikari and another, (2003) 5 SCC-12 the High Court is not supposed to pass an order for regularization of the services of a Daily wager. It has been stated in para 9 of the writ petition that instead of regularizing their services respondent no.2 has stopped them from coming to work which means that their services have been terminated w.e.f. 1.7.2003. In this petition this order has not been challenged and mandamus to continue petitioners in service and regularization has been prayed. The Apex Court in case of Ram Chandra and others Vs. ADM and others reported in 1999 SC-1543 has held that unless order of termination is set aside no direction for regularisation can be passed by Court. Sri B.D. Mandhyan senior counsel for the petitioners submits that several posts are vacant and the services of the petitioners can be regularized, if they are eligible. This Court can not go into the question of eligibility of the petitioners.
In the aforesaid circumstances, these petitions are not maintainable and are dismissed.
No order as to cost.
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