SMT. ANITA AND ANOTHER versus STATE OF U.P. THRU' SECRE. URBAN DEVELOPMENT ANUBHAG & ORS.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Smt. Anita And Another v. State Of U.P. Thru' Secre. Urban Development Anubhag & Ors. - WRIT - A No. 72295 of 2005 [2005] RD-AH 6358 (24 November 2005)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Rakesh Tiwari, J

         

        Heard learned counsel for the parties and perused the record.

The petitioner was initial engaged as Safai Karmachari on daily wages in January 1987 in Nagar Palika Parishad, Mahoha. This writ petition has been filed for a direction in the nature of mandamus commanding the respondent no. 3 to regularize the services of the petitioner as a Safai Karmachari.

This Court cannot direct for regularization of  services of the petitioners in view of the decision of Hon'ble the Apex court in State of Punjab and others Vs. Sardara Singh- (1998)9 SCC-709.  Engagement of petitioner on daily wage basis does not confer any legal right for regularization of his services.    It is not feasible in the writ jurisdiction to take evidence and decide the matter merely on the basis of affidavits.

It has been the consistent view of Hon'ble the Supreme Court that wherever an alternate remedy is available it should not be bypassed and the petitioner has to approach this Court after availing alternate remedy. Reference in this regard may be made to Hindustan Steel Works Construction Ltd., and another Vs. Hindustan Steel Works Construction Ltd., Employees Union-(2005)6 SCC-725.

          The writ petition is accordingly dismissed on the ground of availability of alternative remedy. No order as to costs.

Dt. 24.11.2005

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