Siya Ram and others vs State of U.P.and others

Rajiv Sharma, J.

Short Rejoinder affidavit filed by the petitioners is admitted to record.

On an application for interim relief, with the consent of learned counsel for the parties, I proceed to hear the case finally.

It has been stated by the counsel for the petitioners that the petitioners were engaged as Mali on daily wage basis during the period 19841985. Since their engagement, the petitioners are continuously working against the said post.

Further submission of the learned counsel for the petitioners is that the juniors to the petitioners, namely, Sewak Ram, Radhey Sham and Prabhu Tewari have already been regularized. The case of the petitioners is fully covered under the U.P. Regularization 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 Versus 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 petitioners in accordance with the provisions of Uttar Pradesh Regularization of Daily Wages Appointments on Group ''D'' Posts Rules, 2001 for regularization of their 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.