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Uttam Kumar Gangwar v. State Of U.P. And Others - WRIT - A No. 53783 of 1999 [2005] RD-AH 4962 (26 October 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).


Hon'ble Vikram Nath J.

The petitioner was appointed on daily wages as a driver. Subsequently services of the petitioner were dispensed with as they were no longer required.

The petitioner filed petition before this Court which was disposed of with the direction to the respondent to consider and decide his representation. By the impugned order dated 30.10.99 the District Cane Services Authority, Pilibhit has rejected the representation of the petitioner for continuing in service and for regular appointment. It was however, left  open that as and when the post of jeep driver is sanctioned /created in the society and regular selection for the said post takes place, the petitioner may participate in the interview and his work and experience shall be considered and weightage shall be given to him.  Aggrieved by the same the petitioner filed the present writ petition on the ground that as he has already worked for several years he may be allowed to continue secondly there  vacancies existence  on which the petitioner can be adjusted . From the perusal of the order dated 30.10.99 it is clear that no requirement for jeep driver was existing as the jeep itself had been abandoned and surrendered and further was on daily wages as the initial appointment of the petitioner he cannot claim for regularization on that post. I do not find any infirmity in the order passed by the respondent Authority. Further the interest of the petitioner has been protected by the impugned order itself wherein it is directed that as and when the ban on the appointment is removed and the post is created for jeep driver for the society the case of the petitioner will be considered on preferential basis considering his past experience in making regular appointment..

It is however made clear that the respondents will not appoint any other person as a jeep driver either on daily wage basis/ temporary/  ad hoc basis without first offering the same to the petitioner.

The petition is accordingly disposed off.




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