Jyoti Ranjan Srivastava v. State of U. P. Thru Prin. Secy. Deptt. of Geology Mining
2016-12-13
RAJAN ROY
body2016
DigiLaw.ai
JUDGMENT Rajan Roy,J. Heard. The petitioner herein claims to have been engaged on daily wages under the respondents in the year 1990. Subsequently he was engaged on contractual basis in the year 1999 and ever since then he has been continuing as such. It is also said that the claim of the petitioner for regularization of his services was considered by the respondents in the year 2015 and vide Annexure-3, he was found fit for regularization of his services, but inspite of it the requisite orders were not passed. Thereafter, it is said that the petitioner alongwith others was again considered for regularization of his services on Group-C Post in August 2016 wherein he was again found fit for regularization of his services, however, as per the respondents, as the petitioner was working as "Computer Operator" a post which was not sanctioned, therefore, his services cannot be regularised. In this regard learned counsel for the petitioner submits that he has given in writing that if the post of Computer Operator is not sanctioned, then he can be regularised on any other post of which he fulfills the qualification, especially as the persons who were junior to him, their services have been regularised. Learned counsel for the petitioner also informs that he had earlier approached the court by means of Writ Petition No.6167 (SS) of 2009 for consideration of his case for regularization. The writ petition, according to him, has become infructuous, as, subsequently, the claim has been considered for regularization and he has been found fit, but for the post of "Computer Operator" not being sanctioned, his claim is being defeated. Considering the facts of the present case, the contention of the learned counsel for the petitioner appears to be quite reasonable. If the services of the persons junior to the petitioner have been regularized and the petitioner's services are not being regularized only on account of the post of "Computer Operator" not being sanctioned, then there is no reason as to why, if he has otherwise been found fit for regularization, his services be not regularized on any Group-C post of which he possesses the requisite qualification as per the relevant rules.
In the above circumstances, it is provided that if the petitioner has been found fit for regularization of his services otherwise on Group-C post, then his services shall be regularized on any Group-C post which may be vacant and of which the petitioner fulfills the requisite qualification. This shall be done within one month from the date a certified copy of this order is submitted. The writ petition is disposed of in the above terms.