Nand Kishore Misra vs State of U.P.and Others

U.K. Dhaon, J.

Heard learned counsel for the petitioner and the learned Standing Counsel who has accepted notice on behalf of the opposite parties.

The petitioner has approached this court against the order dated 5.10.2002 by which the request of the petitioner for regularization was rejected. The learned counsel for the petitioner submits that initially the petitioner was engaged in September 1985 on daily wage basis and since then he was working on Group "D" post on daily wage basis. He further submits that the petitioner was working on 21.12.2001 when the regularization rules of 2001 were enforced. He further submits that the petitioner was also working prior to 29.6.1991, which is the cut of date mentioned in the regularization rules.

The learned Standing Counsel appearing on behalf of the opposite parties submits that there is no illegality in the impugned order and the case of the petitioner was rightly rejected for regularization by the competent authority.

I have considered the arguments of the learned counsel for the parties and gone through the record.

The opposite parties have refused to regularize the services of the petitioner only on the ground that on the date of consideration the petitioner was not working on daily wage basis. The regularization rules, which were enforced on 24.12.2001 specifically provides that all those who are working on Group "D" posts prior to 29.6.1991 are eligible for regularization. The Annexure No.5 which is the copy of "Praroop" reveals that the petitioner was working in February 2002 and he has worked from 1985 onwards on daily wage basis. The case of the petitioner is covered under the provisions of the Regularisation Rules 2001.

The writ petition succeeds and a writ in the nature of certiorari is issued quashing the letter dated 5.10.2002, a copy of which has been annexed as Annexure No.6 to the writ petition. The opposite parties are hereby directed to reconsider the case of the petitioner for regularization under the provision of the U.P. Regularisation of Daily Wages appointment on Group "D" posts (outside the purview of U.P. Public Service Commission) Rules 2001 and till the regularization is considered the opposite parties shall allow the petitioner to work on daily wage basis and pay the minimum wages as fixed by the State Government.

(Petition allowed)