Suman Agnihotri (Kumari) vs State Government of U.P. and another

Rakesh Sharma, J.—Heard Sri Sharad Srivastava, learned Counsel for the petitioner and the learned Standing Counsel appearing for the opposite parties.

The original petition was filed seeking relief in pursuance of mandamus commanding the opposite parties to regularize the services of the petitioner on the post of Junior Clerk in the office of opposite party No. 2. The petitioner has been regularized in the services vide order dated 15.10.2003.

The only grievance of the petitioner is that her case should have been considered for regularization along with her junior i.e. Km. Preeti Sharma. The petitioner has limited her prayer for direction to opposite party No. 2 to consider her case for regularization from the date her junior, Km. Preeti Sharma was regularized in the services i.e. 4.8.1994.

Sri Sharad Kumar Srivastava has placed reliance on the judgments reported in (2004) 2 SCC 433, Divisional Manager, A.P. SRTC and others v. P. Lakshmoji Rao and others and (2003) 2 UPLBEC 1140, Om Prakash Srivastava v. State of U.P. and another, in support of his submissions.

In view of above, the opposite party No. 2 is directed to consider the case of the petitioner for regularization w.e.f. 4.8.1994, the date when her junior, Km. Preeti Sharma was regularized in the services. This exercise shall be completed within three months from the date of production of a certified copy of this order. If the petitioner is regularized, she shall be given consequential benefits.

With these observations and directions, the writ petition is finally disposed of. Petition disposal of accordingly.