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Kush Ram Mishra And Others v. State Of U.P. And Others - WRIT - A No. 19382 of 2004 [2006] RD-AH 11606 (17 July 2006)


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                                                                                           Court No.27

Civil Misc. Writ Petition No. 19382    of  2004

Kush Ram Mishra and others


St ate of U.P. and others

Hon.Sanjay Misra.J.

Heard Sri  P.N.Tripathi, learned counsel for the petitioners and the  learned standing counsel appearing on behalf of the respondents .

Since the counter and rejoinder affidavits have been exchanged between the parties and  with the consent of the learned counsel for the parties this writ petition is being decided at this stage.

Sri  P.N.Tripathi, learned counsel for the petitioners submits that in so far as petitioners no.6,7,12,14,15,17 and 18 are concerned, respondents have regularized their services as such the present petition   is not being pressed on their behalf.

It is the case of the petitioners that they were appointed on work charged  basis in the office of respondent no.4  and have worked there  for more than twenty years . A seniority list dated 16th December 1999 has been prepared by the respondent no.4 relating to work charged employees containing date of appointment wherein the name of the petitioners finds place. Relief claimed by the petitioners is that since they have been working on worked charge basis for more than twenty years therefore,their services are liable to be regularized but the respondents have not regularized their services till date although certain junior persons to the petitioners have been regularized.

Learned counsel for the petitioner placed reliance upon   mRrj izns'k lewg ''?k' ds inks ij nSfud osru fu;qfDr;ksa dk fofu;ferhdj.k fu;ekoyh 2001  aand  submitted that the aforesaid rule provides that persons who have been working prior to 1991 in the department on work charged basis are entitled to be considered for regularization. Learned counsel for the petitioners has placed reliance upon certain decision of this Court, copies of which have been filed as annexures along with the writ petition.

Learned counsel  for the respondents submits that entitlement of the petitioners for regularization should be only under the  rules. In para 10,11 and 14 of the counter affidavit it has been stated that the case of the petitioners for regularization is under active consideration by the department and the respondents would consider their cases in accordance with  the regularization rules.

Without entering into the merits of the claim of the petitioners and upon the said submissions of the learned counsel for the parties, it is provided that the respondent no.4  would consider their case for regularization  in accordance with regularization rules.   In case the petitioners are found eligible under the aforesaid rules, the respondent no.4 will take decision in accordance with law within three months from the date a certified copy of this order is produced before him.

With these directions, this writ petition stands finally disposed of. No order is passed as to costs.

Dt. 17.7.2006



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