Allahabad High Court
Jagdish Prasad vs State Of U.P.Thru.Prin.Secy. P.W.D. & ... on 15 March, 2021
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 20 Case :- SERVICE SINGLE No. - 6894 of 2021 Petitioner :- Jagdish Prasad Respondent :- State Of U.P.Thru.Prin.Secy. P.W.D. & Ors. Counsel for Petitioner :- I.M. Pandey Ist,Ravindra Shukla Counsel for Respondent :- C.S.C. Hon'ble Chandra Dhari Singh,J.
The petition seeks issuance of a writ in the nature of mandamus directing respondents to consider the case of the petitioner for regular appointment on any Group - D post under the provisions of U.P. Regularization of Persons Working on Daily Wages or on Work Charge or on Contract in Government Departments on Group 'C' & Group 'D' Posts (Outside the Purview of U.P. Public Service Commission) Rules, 2016 in the light of judgment/order dated 12.01.2017 passed in Writ Petition No.163 (SS) of 2017 - Chandra Prakash Tiwari v. State of U.P. & Ors. within a reasonable period.
Learned counsel for the petitioner has submitted that new rules namely the Uttar Pradesh Regularization of Persons Working on Daily Wages or on Work Charge or on Contract in Government Departments on Group 'C' & Group 'D' Posts (Outside the Purview of U.P. Public Service Commission) Rules, 2016 (hereinafter referred as 'Rules of 2016') has notified on 2016 and the petitioner is now entitled for regular appointment as per the said rule. It is submitted that juniors of the petitioner have already been regularised under new Rules of 2016.
Learned counsel for the petitioner without pressing the matter on merit has made an innocuous prayer that services of the petitioner may also be considered under the new Rules of 2016.
Per Contra, Shri Rishabh Tripathi, learned counsel for the State while opposing the petition on merit has submitted that he has no objection to the aforesaid innocuous prayer made by petitioner's counsel.
I have heard learned counsel for the parties and perused the record.
Without commenting upon the merits of the case, the petitioner is directed to move a detailed representation alongwith a certified copy of this order before respondent no.3/Executive Engineer, Prantiya Khand, Public Works Department, Sultanpur within 10 days from today, who shall consider and decide the same in terms of new Rules of 2016 within three months from the date of receipt of the said representation.
With the aforesaid directions, the instant petition is disposed of.
Order Date :- 15.3.2021 nishant/-