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

High Court of Judicature at Allahabad

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Smt. Poola And Another v. State Of U.P. Thru' Secre. Urban Development Anubhag & Ors. - WRIT - A No. 72297 of 2005 [2005] RD-AH 6361 (24 November 2005)

 

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 Rakesh Tiwari, J

         

        Heard learned counsel for the parties and perused the record.

The petitioner was initially engaged as Safai Karmachari on daily wages in September 1986 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 and U.P. State Spinning Co. Ltd. Vs. R.S. Pandey and another-(2005)107 FLR-729.

          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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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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