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2016 DIGILAW 605 (ALL)

Pyarey Lal Vishwakarma v. State of U. P.

2016-02-19

D.Y.CHANDRACHUD, YASHWANT VARMA

body2016
JUDGMENT The relief which was sought before the learned Single Judge in the writ proceedings was a mandamus to the State Government to engage the appellants as daily wagers. The second relief was for their engagement on the basis of their seniority in the respective units of the Forest Department. 2. There was no vested legal right to claim engagement as daily wagers. The admitted position is that the appellants have not worked after 1998. The writ petition was filed in 2014, nearly 16 years after the appellants had last worked, seeking engagement on a daily wage basis. The learned Single Judge cannot be faulted in holding that the petition cannot be entertained after this lapse of time without any reasonable explanation for delay. The mere fact that the appellant had submitted representations, as was urged before the learned Single Judge and in the present special appeal, would be no answer since this would not revive a stale cause of action. 3. The second relief for a writ of mandamus to engage the appellants on the basis of seniority is broader than the first. Insofar as the second relief is concerned, the appellants clearly did not fulfill the conditions specified in the Regularization Rules of 1991, as noted by the learned Single Judge. The condition for regularization was that a candidate should have been working on 29 June 1991 and also on the date of enforcement of the Rules (21 December 2001). The appellant evidently did not fulfill these requirements. Hence, the dismissal of the writ petition by the learned Single Judge cannot be faulted. 4. The special appeal is accordingly dismissed. There shall be no order as to costs. C M Delay Condonation Application No 41732 of 2016 Re: Special Appeal Defective No. - 144 of 2016 Pyarey Lal Vishwakarma And 2 Ors. Vs State of U.P. And 3 Ors. 19.2.2016 For the Petitioner : Hari Prasad Pandey. For the Respondent : C.S.C. Dr. Dhananjaya Yeshwant Chandrachud;CJ., Yashwant Varma, J. The delay of one year and 87 days in filing the special appeal is condoned since sufficient cause has been shown in the affidavit filed in support of the delay condonation application. The application stands disposed of. There shall be no order as to costs.