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2016 DIGILAW 3577 (ALL)

Sarvajit Singh v. State of U. P.

2016-10-26

ABHINAVA UPADHYA

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JUDGMENT Abhinava Upadhya,J. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri A.K.Malaviya, learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the State-respondents. By means of this writ petition the petitioner has come up to this Court with the prayer for quashing of the order dated 28.7.2016 by which the petitioner has been regularized on Class-IV Post. The grievance of the petitioner is that from the year 1992 the petitioner has been engaged in the aforesaid Corporation as an Electrician on daily wages and then on contract basis and continued to work till the issuance of the Government Order dated 24.2.2016 whereby it was provided that all such daily wagers or contract employees, who have been working since 2001 be regularized and if there is no vacancy in the post, supernumerary post be created for their regularization. It is admitted that in the Corporation there is no sanctioned post of electrician although there is a post of Class-IV and according to Government Order if there is no vacancy of any sanctioned posts, supernumerary posts should be created. The petitioner has been regularized creating supernumerary post of Class-IV. Sri Ashok Khare, learned Senior Advocate assisted by Sri A.K.Malaviya, learned counsel appearing for the petitioner submits that in the Corporation only one post of Clerk , one post of Driver and two posts of Peon have been sanctioned from before and no other post is sanctioned. The communication dated 11.12.2001 has been filed as Annexure-4 to the writ petition by which organizational structure has been discussed, which indicates the number of posts upon which the employees working and it also indicates the number of posts, which were sanctioned from before which is only four posts, i.e., of Clerk, Driver and two peons. It is submitted that thereafter two posts of Assistant Accountant were sanctioned by the Government on 30.11.2004. Be that as it may, admittedly there is no post of Electrician sanctioned in the Corporation and in compliance of the Government Order dated 24.2.2016 all such employees, who were working from before 2001 had to be regularized and, therefore, there being no vacancy in Class-IV Post, supernumerary post be created to regularize the petitioner. Since there is no existing post of Electrician, the petitioner cannot claim regularization on the post of Electrician, which does not exist. Since there is no existing post of Electrician, the petitioner cannot claim regularization on the post of Electrician, which does not exist. The petitioner can be regularized only on the existing post and if there is no vacancy, supernumerary post has to be created, which has been done and the petitioner has been regularized. The claim of the petitioner to be regularized on a non-existing post, is baseless and without any authority of law. The writ petition is mis-conceived and it is, accordingly, dismissed.