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Vijay Singh v. State Of U.P. And Another - WRIT - A No. 41903 of 2004  RD-AH 6628 (29 November 2005)
Court No. 7
Civil Misc. Writ Petition No. 41903 Of 2004
State of U.P. & Others
Hon'ble Rakesh Tiwari, J.
On 22.8.2005 the case was passed over on the illness slip of Sri R.S.Singh, counsel for the petitioner. Thereafter on 30.8.2005, 17.10.2005 and 17.11.2005 the case was passed over on the illness slips of Sri V.B.Misra, counsel for the respondents.
The case has been taken up in the revised list. It is listed today peremptorily, but the counsel for the petitioner is not present. It is being decided on merits.
The petitioner joined as Class IV employee on ad-hoc basis in the U.P. Scheduled Caste Finance and Development Corporation Ltd., Lucknow on 28.6.1989. By order of the Managing Director of the Corporation dated 9.2.2000 the petitioner was attached in the office of Type & Ashulipi Training Kendra, Saharanpur. He moved an application dated 20.7.2001 to the Zila Prabandhak, U.P. Scheduled Caste Finance and Development Corporation Ltd. Saharanapur (respondent no. 4) for regularization and enhancement of his salary which has remained unactioned, hence this writ petition with the following prayer: -
"I- issue a writ, order or direction in the nature of mandamus directing the respondents to regularize the petitioner as a IVth Class Employee.
II- issue a writ, order or direction in the nature of mandamus directing the respondents to pay the salary to petitioner as a regular IV Class employee as well as consequential benefits of the IV Class employee."
From a perusal of the prayers it is apparent that the petitioner has prayed for regularization of his services and to grant corresponding pay scale. This relief cannot be granted to him under Article 226 of the Constitution in view of the decision rendered by the Hon'ble Supreme Court in the case of State of Punjab Vs Sardara Singh, (1998) 9 S.C.C. 709, wherein it has been held that the Court cannot direct regularization in the absence of any sanctioned post by the State Government or for payment of regular pay scale to the petitioners.
The writ petition is accordingly dismissed. No order as to costs.
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