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2023 DIGILAW 1108 (ALL)

Anand Kumar Kasera v. State Of U P

2023-04-21

VIVEK CHAUDHARY

body2023
JUDGMENT : 1. Petitioners have approached this Court challenging the order dated 14.02.2021 passed by respondent no.4-Executive Officer, Nagar Palika Parishad Mirzapur. By the said order the Executive Officer has rejected the application for regularization of services filed by the petitioners under Regularization Rules of 2016 on the ground that though, admittedly, petitioners were appointed prior to 31.12.2001, that is, the cut off date of Rules of 2021, but they continued till year 2013 as contract employees. Thereafter, from the year 2013 they are engaged as employees through service provider agencies and they continue to function till date. But, since their services after 2013 were through service provider agencies, hence, they are not entitled for regularization. 2. Learned counsel for petitioner submits that the claim of the petitioners is illegally rejected. 3. I have considered submissions of learned counsel for parties and perused the material available on record. 4. The Uttar Pradesh Regularization of Persons Working on Daily wages or on Work Charge or Group 'C' and Group 'D' Posts (Outside the purview of the Uttar Pradesh Public Service Commission) Rules, 2016 provides for regularization. Rule 6(1) of Rules of 2016 reads as follows: "(1) Any person who: (i) was directly engaged or employed or deployed or working on daily wages or on work charge or on contract in a Government Department on Group 'C' and Group 'D' Post (Outside the purview of the Uttar Pradesh Public Service Commission) on or before December 31, 2001 and is still engaged or employed or deployed or working as such on the date of the commencement of these rules; and (ii) possessed requisite qualifications prescribed for regular appointment for that post at the time of such engagement or employment or deployment on daily wages or on work charge or on contract, under the relevant service rules and, subject to the provisions of above mentioned rules 2 and 5. shall be considered for regular appointment on Group 'C' and Group 'D' Post (Outside the purview of the Uttar Pradesh Public Service Commission) in permanent or temporary vacancy as may be available on the date of his commencement of these rules, on the basis of his record and suitability before any regular appointment is made in such vacancy in accordance with the relevant service rules or orders." 5. The said rules came into force with effect from 12.09.2016. The said rules came into force with effect from 12.09.2016. There is no dispute that petitioners are working since prior to 31.12.2001 and continue to work after 12.09.2016. The only question is as to whether they, being engaged through service provider after year 2013, would be entitled for regularization or not? Rule 6(1) only requires that any person who is directly engaged or employed or deployed or working on daily wage or on work charge or on contract in a government department as per cut off date is entitled for regularization. It does not create any classification of different types of contracts. The term 'Contract' would include all types of contract employees, including those working through service provider agency. 6. It is not in dispute between parties that even persons working after the year 2013 through a service provider agency are working on contract. The contract in such cases is between service provider agencies and government department. The service provider agencies provide contractual work to the departments. Petitioners are supplied on contract by service provider agency, thus, they are working on contract and, on the face of it, fulfill the requirement of rule 6(1) of Rules of 2016. Thus, there is no reason to deny benefit of regularization to petitioners who fulfill the requirements of Rules 6(1) and are continuously working on contract with respondent no.4. 7. Hence, the impugned order dated 14.02.2021 cannot stand and is set aside. 8. Respondent No.3-President, Nagar Palika Parishad, District-Mirzapur and respondent no.4-Executive Officer, Nagar Palika Parishad, Mirzapur are directed to issue appropriate regularization orders to the petitioners in accordance with law within a period of four weeks. 9. Writ petition is allowed.