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Krishana Kumar Lawaniaya And Others v. Principal Secretary, Forest Anubhag And Others - WRIT - A No. 76667 of 2005  RD-AH 8004 (22 December 2005)
Hon. Arun Tandon,J.
Heard Sri Pankaj Srivastava, Advocate on behalf of the petitioners and learned Standing Counsel on behalf of the respondents.
On behalf of the petitioners it is contended that the claim of petitioner nos. 2,3,4,5, 6 and 8 for regularization under the provisions of Uttar Pradesh Regularization of Daily-wages appointment on Group-D Posts' Rules, 2001, was not considered only on the ground that they have not passed high school examinations and therefore, they are not possessed minimum qualifications.
So far as the petitioner nos. 1 and 7 are concerned, it is stated that their claim for regularization under the provisions of Uttar Pradesh Regularization of Daily-wages appointment on Group-D Posts' Rules, 2001 was not considered only on the ground that there were artificial breaks in their service. It is further stated that such a gap was for only one month.
Learned counsel for the petitioners submits that both the aforesaid issues have been settled by this Court under the judgment and order dated 17th October, 2005 passed in writ petition no. 48322 of 2000 in the case of Sanjay Kumar Srivastava Vs. Principal Chief Conservator of Forest, U.P. , therefore, the claim of the petitioners for such regularization be considered accordingly.
In the facts and circumstances of the case it is provided that the respondents may considered the claim of the petitioners for regularization on Group 'D' posts in the light of the judgment and order of this Court in the case of Sanjay Kumar Srivastava (Supra), preferably within six weeks from the date a certified copy of this order is filed before the authority concerned. The authority concerned shall pass a reasoned speaking order.
With the aforesaid directions the writ petition is disposed of finally.
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