Allahabad High Court
Udai Narayan Ojha vs State Of U.P. And 4 Others on 15 July, 2021
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 33 Case :- WRIT - A No. - 6126 of 2021 Petitioner :- Udai Narayan Ojha Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kamlesh Kumar Bharti Counsel for Respondent :- C.S.C.,Anand Kumar Pandey Hon'ble Ashwani Kumar Mishra,J.
Petitioner was initially appointed as pump attendant in Nagar Palika Parishad, Ballia in 1991. His services has been regulaised in 2001. All benefits have been paid to the petitioner. A claim has been raised by the petitioner for inclusion of his service rendered from 1991 to 2001 for the purpose of grant of ACP benefits. Since such claim has not been considered, the petitioner is before this Court.
Learned counsel for the respondents opposes the petition on the ground that period of regular working alone can be taken note for the purpose of grant of ACP and the period of working on daily wages basis cannot be included for such benefits.
Object of grant of ACP is merely to avoid stagnation for public servants. It is only after an employee becomes a member of service that he gets right to be considered for promotion. Such a right would not be available to an employee who works on daily wage basis. Unless there is an Government Order to that effect the period of working on daily wage basis cannot be computed for the purpose of grant of ACP benefits. Attention of the Court has not been invited to any such Government Order which contemplates inclusion of services rendered on daily wage basis for such purposes.
Since the object of avoiding stagnation would arise only in case a substantively appointed employee is denied promotion, There would be no occasion for this Court to direct the authorities to consider the petitioner's claim for inclusion of services rendered on daily wage basis for the purposes of grant of ACP.
The writ petition, is accordingly, dismissed.
Order Date :- 15.7.2021 pks