Mehndi Hasan vs State of U.P. and another

Rajiv Sharma, J.

Heard learned counsel for the parties.

With the consent of parties, the writ petition is being disposed of at the admission stage itself.

It has been stated by the counsel for the petitioner that the petitioner was engaged on daily wage basis in the month of July, 1979. For the last 29 years, the petitioner is continuously working against the said post.

Further submission of the learned counsel for the petitioner is that the juniors to the petitioner, namely, Sewak Ram, Radhey Shyam and Prabhu Tewari have already been regularized. The case of the petitioner is fully covered under the U.P. Regulatisation of daily Wages Appointment on group ''D'' Post Rules, 2001.

In an identical matter, this Court at Allahabad has passed a judgment on 23.10.2008 in Writ Petition No.43443 of 2004, Lakhmi Chandra v. State of U.P. and others, to which learned Standing Counsel does not dispute.

Keeping the above judgment in mind, without going into the merits of the case, the opposite parties are directed to consider the case of the petitioner in accordance with the provisions of Uttar Pradesh Regularization of Daily Wages Appointments on Group ''D'' Posts Rules, 2001 for regularization of his services and with regard to the payment of minimum of the regular pay scale in accordance with law as well as the law laid down by the Apex Court and by this Court expeditiously, preferably within three months from the date of presentation of a certified copy of this order.

With these observations, the writ petition is finally disposed of.