Raj Pal Singh vs State of U.P. and Others

Anjani Kumar, J.—Heard Sri Dinesh Pathak, learned counsel appearing on behalf of the petitioner and the learned standing counsel for the contesting respondents.

The petitioner by means of present writ petition under Article 226 of the Constitution of India, has challenged the order dated 4/5th February, 2001, copy whereof has been annexed as Annexure-8 to the writ petition, whereby pursuance to the order and direction issued by this Court in the earlier writ petition filed by the petitioner, the respondents have refused to regularise the services of the petitioner on the ground that since the petitioner was not found working on the cut off date, is not entitled for regularisation.

Petitioner in paragraphs 20 and 21 of the writ petition has categorically stated that the name of the petitioner was already shown in letter No. 147 dated 31st October, 1999, which was received in the office of the respondent No. 4 on 1st November, 1999, but the same has been ignored by the respondent No. 4. The Prabhart Adhikari, Ghatampur, has again wrote letter No. 165, dated 2nd November, 1999, with some other details in respect to the regularisation of the petitioner to the respondent No. 4, which has been received in his office on 3rd November, 1999, copies whereof have been annexed as Annexures-9 and 10 to the writ petition. The reply to these paragraphs has been given in paragraphs 12 and 13 of the counter-affidavit, wherein the existence of the documents Annexures-9 and 10 to the writ petition, have not been denied.

In this view of the matter, the assertion made in the impugned order that the petitioner was not found working on the cut of date, is not correct. The order impugned in the present writ petition, therefore, deserves to be quashed.

In view of what has been stated above, this writ petition succeeds and is allowed. The order dated 4/5th February, 2001, Annexure-8 to the writ petition is quashed. The respondents are directed to consider the case of the petitioner for regularisation in accordance with law at the earliest in view of the facts stated in the writ petition and stand taken in the counter-affidavit.