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2024 DIGILAW 1786 (ALL)

Bhairav Nath Singh v. State of U. P.

2024-08-01

SUBHASH VIDYARTHI

body2024
JUDGMENT : SUBHASH VIDYARTHI J. 1. Heard Shri Ujjawal Satsangi Advocate, learned counsel for the petitioners in Writ A No. 8507 of 2024 and he is holding brief of Shri Kartikeya Saran, learned counsel for the petitioners in Writ A Nos.38333 of 2016, 40833 of 2016, 44315 of 2016 & 51565 of 2016 and Smt. Archana Tyagi, learned Additional Chief Standing Counsel appearing for the respondents. 2. All the aforesaid five writ petitions have been filed by the petitioners, who are working as Guest Lecturer in various Government Industrial Training Institutes in the State of Uttar Pradesh and who are aggrieved by non-regularization of their services. 3. Writ-A No. 38333 of 2016 has been filed by four petitioners challenging the validity of an order dated 24.05.2016 passed by the Secretary, Vocational Education and Skill Development Department, Government of U.P., rejecting their claim for regularization of their services as Guest Lecturers in Government Industrial Training Institutes. 4. Writ-A No. 40833 of 2016 has been filed by ten petitioners challenging the validity of a similar order dated 13.06.2016, rejecting claim of regularization of the petitioners’ services as Guest Lecturers in Government Industrial Training Institutes. 5. Writ A No. 44315 of 2016 has been filed by 16 petitioners challenging validity of orders dated 24.5.2016 and 23.06.2016 passed by the Secretary, Vocational Education and Skill Development Department, State of U.P., rejecting their claim for regularization. 6. Writ-A No. 51565 of 2016 and Writ A No. 8507 of 2024 have been filed by 15 petitioners and 8 petitioners respectively, praying for regularization of their services as they have not been considered for regularization and no orders in this regard has been passed. 7. As common questions are involved in all the writ petitions, the writ petitions are being decided by a common judgment. 8. Briefly stated, facts of the case are that various posts of Instructors were lying vacant in various Government Industrial Training Institutes and, therefore, the Government had launched a Prashikshan Mitra Scheme for appointing Prashikshan Mitra for performing the duties of Instructors in Government Industrial Training Institutes by issuing a Government Order dated 30.08.2000, which provided that Prashikshan Mitra shall be appointed in Government Industrial Training Institutes upon payment of a remuneration of Rs.100/-per day. The Scheme would be for the financial year 2000-2001 whereafter the Scheme will come to an end automatically. 9. The Scheme would be for the financial year 2000-2001 whereafter the Scheme will come to an end automatically. 9. After completion of the Scheme period i.e. 2000-2001, another Government Order dated 30.05.2001 was issued providing for appointment of Guest Speakers in Government Industrial Training Institutes to perform the duties of Instructors as the posts of Instructors were lying vacant. This Government Order provided that the Guest Lecturers will be appointed for the period 2001-2002. 10. Even after expiry of the scheme, the petitioners continued to work as Guest Speakers in Government Industrial Training Institutes and performed the duties of Instructors thereof. The remuneration being paid to the petitioners was subsequently enhanced to Rs.300/-per day. It is the case of the petitioners that besides their educational duties relatable to the post of Instructors, they are assigned administrative duties also like other regular teachers of Government Industrial Training Institutes. 11. On 24.02.2016, a Government Order was issued for regularization of persons working in Government Departments, Autonomous Institutions, Public Sector Undertakings/Corporations, Local Bodies Development Authorities and District Panchayats, who were working since 31.03.1996 on daily wages/work charge and contract basis and who held the minimum eligibility qualification for the post in question, on available vacancies and in case of non-availability of vacancies, on supernumerary posts. 12. The Government Order dated 24.02.2016 has been replaced by the “The Uttar Pradesh Regularization of Persons Working On Daily Wages or On Work Charge or On Contract in Government Departments On Group-C and Group-D posts (Outside The Purview of the Uttar Pradesh Public Service Commission) Rules, 2016” (hereinafter referred to as Rules of 2016). The exclusion Clause in the Rules of 2016 is Clause 2, which provides that:- “2. These rules shall not apply for regularisation of: (i) Seasonal Collection Ameen/Seasonal Peon. (ii) Persons/Persons engaged/employed/deployed for seasonal works in Horticulture Department, Agriculture Department, Agriculture Education Department and such similar Departments. (iii) Person/Persons engaged/employed/deployed on consolidated pay/ fixed honorarium in the schemes/projects of State Government or Government of India sponsored programmes. (iv) Person/Persons engaged/employed/deployed as Home Guard Volunteer and Prantiya Rakshak Dal Volunteer. (v) Person/Persons engaged/employed/deployed as Shiksha Mitra and Kisan Mitra. (vi) Person/Persons engaged/employed/deployed under MNREGA Scheme (Rural Development Department). (vii) Person/Persons engaged/employed/deployed in Anganbadi Kendra (Women and Child Welfare Department). (viii) Person/Persons engaged/employed/deployed as Asha Bahu (Medical, Health and Family Welfare Department). (iv) Person/Persons engaged/employed/deployed as Home Guard Volunteer and Prantiya Rakshak Dal Volunteer. (v) Person/Persons engaged/employed/deployed as Shiksha Mitra and Kisan Mitra. (vi) Person/Persons engaged/employed/deployed under MNREGA Scheme (Rural Development Department). (vii) Person/Persons engaged/employed/deployed in Anganbadi Kendra (Women and Child Welfare Department). (viii) Person/Persons engaged/employed/deployed as Asha Bahu (Medical, Health and Family Welfare Department). (ix) Such person/persons or group of persons as notified by the State Government from time to time.” 13. The petitioners applied for their regularization, some of which claims have been rejected by different orders passed in their cases which are under challenge in three writ petitions. Their claim has been rejected on the same ground that the petitioners are not covered by the Government Order dated 24.02.2016 and, therefore, their services cannot be regularized. 14. The impugned order states that the Government Order dated 24.02.2016 is not applicable to Guest Lecturers and, therefore, the petitioners are not covered by the provisions of the aforesaid Government Order dated 24.02.2016. The Government Order dated 24.02.2016 excludes persons working as Seasonal Collection Ameen / Seasonal Anu Sewak in Horticulture Department / Agriculture Department / Agriculture Education Department for carrying of seasonal works, persons engaged in MNREGA / Anganwadi work / Asha Bahu / Home Guard Volunteers / P.R.D. Volunteers / Shiksha Mitra / Kisan Mitra or persons engaged on payment of honorarium or other basis under any Scheme of the Central Government / State Government and the exclusion cause does not make any reference to persons working as Guest Lecturers. 15. In the counter affidavit, the respondents have stated that the services of Guest Speakers were being availed as a time being arrangement according to the provisions of U. P. Government Industrial Training Institute (Instructors) Service Rules, 2014 and they were not entitled to work on the post of Instructors. The Guest Lecturers were appointed to work till regularly appointed Instructors joined the post. 16. The stand of the respondents in the counter affidavit is that the Government Order dated 24.02.2016 was issued regarding daily wager / work charge employees and Contractual Employees only and Prashikshan Mitra are excluded from the purview of Government Order dated 24.02.2016 by virtue of the provision contained in Clause 3 of the aforesaid Government Order. 17. 16. The stand of the respondents in the counter affidavit is that the Government Order dated 24.02.2016 was issued regarding daily wager / work charge employees and Contractual Employees only and Prashikshan Mitra are excluded from the purview of Government Order dated 24.02.2016 by virtue of the provision contained in Clause 3 of the aforesaid Government Order. 17. Smt. Archana Tyagi, learned Additional Chief Standing Counsel has further submitted that similar claims were raised before this Court sitting at Lucknow by filing numerous writ petitions, the leading case being Writ Petition No. 6565 (S/S) of 2001 and all the writ petitions were dismissed by means of a judgment and order dated 05.03.2003, whereby the claim of regularization of persons working as Guest Speakers in Government Industrial Training Institutes was rejected. Submission of learned Additional Chief Standing Counsel is that the aforesaid order passed by a Co-ordinate Bench of this Court is binding on this Court. 18. Another judgment and order dated 10.01.2008 was passed by a Coordinate Bench of this Court sitting at Lucknow in Writ Petition No. 5676 (S/S) of 2007 and other connected matters holding that Guest Speakers cannot stop the regularly selected candidates from joining on their post but they can be allowed to work on vacant posts till regular selection is made. 19. The petitioners were engaged as Guest Speakers on daily wage basis and, therefore, they are daily wage employees. The petitioners can only be excluded from the purview of the Government Order dated 24.02.2016, if they fall in any of the categories mentioned in the exclusion Clause No. 3 of the aforesaid Government Order but the petitioners do not fall in any such category. Therefore, the contention of the respondents that the Guest Speakers are not covered by the aforesaid Government Order, is not correct. 20. So far as the judgment dated 05.03.2003 passed in Writ Petition No. 6565 (S/S) of 2001 and other connected matters is considered, those writ petitions were dismissed for the following reasons: “For regularization, it is essential for the petitioners to establish that they have a right for regularization in service under any Rule, which provides regularization of such appointees who have been engaged under a particular scheme for a particular period. Learned counsel for the petitioner has not been able to show any such Rule which provides for regularization of such appointees. Learned counsel for the petitioner has not been able to show any such Rule which provides for regularization of such appointees. The State Government has also not framed any such scheme where the Guest Speakers, who are working under the Scheme of 2000-2001, are entitled for regularization. In the absence of any such Scheme of the State Government and also in the absence of any such statutory rule for regularization, which may be applicable to the petitioners and the like Guest Speakers, the petitioners cannot claim regularization on the post of Instructor.” 21. After passing of the aforesaid judgment in the year 2003, the State Government has issued the Government Order dated 24.02.2016 for regularization of services of persons working in Government Departments, Autonomous Bodies, Public Sector Undertakings / Corporation, Local Bodies, Development Authorities and District Panchayats and thereafter the Government has framed the Rules of 2016. Therefore, the ground on which the earlier writ petitions were dismissed in the year 2003, i.e. the petitioner has not been able to show any such Rule which provides for regularization of such appointees, has ceased to exist after issuance of the Government Order dated 24.02.2016 and now their claim cannot be rejected on the basis of the judgment dated 05.03.2003 passed in Writ Petition No. 6565 (S/S) of 2001 and it has to be considered in light of the Rules of 2016. 22. From the aforesaid averments made in the counter affidavit, it appears that the respondents admit that the Guest Lecturers were appointed to perform the duties of Instructor according to the provisions contained in Uttar Pradesh Government Industrial Training Institute (Instructors) Service Rules, 2014. 23. The learned Additional Chief Standing Counsel has submitted that Rule 2 (iii) of the Rules of 2016 provides that the rules shall not apply for regularization of persons/persons engaged/employed/deployed on consolidated pay/fixed honorarium in the Schemes/projects of State Government or Government of India sponsored programmes. 24. In this regard, it is apparent from the record that initially by means of an order dated 30.08.2000, the State Government had launched Prashikshan Mitra Scheme under which the petitioners were appointed as Prashikshan Mitra, which Scheme was for a period of one year only i.e. 2000-2001 and it came to end thereafter. Then the State Government issued another Government Order dated 30.05.2001 for engagement of Guest Lecturers for a period of one year. Then the State Government issued another Government Order dated 30.05.2001 for engagement of Guest Lecturers for a period of one year. This Scheme of engagement of Guest Lecturers was extended by means of a Government Order dated 10.05.2002 to the period ending on 30.06.2002. Thereafter this Scheme has not been extended. Therefore, when the petitioners are not working under any Scheme since 01.07.2002 and they do not fall within the exception carved out within Rule 2 (iii) of Rules of 2016. 25. In view of the aforesaid discussion, this Court is of the considered view that the petitioners claim for being considered for regularization of their services under the Government Order dated 24.2.2016 / the Rules of 2016 has wrongly been rejected on the ground that they are not covered by the Government Order. The petitioners are entitled to be considered for being regularized under the provisions of Government Order dated 24.2.2016 / the Rules of 2016. 26. Accordingly, all the writ petitions bearing Writ-A No. 38333 of 2016, Writ-A No. 40833 of 2016, Writ-A No. 44315 of 2016, Writ-A No. 51565 of 2016 and Writ-A No. 8507 of 2024 are hereby allowed. 27. The impugned order dated 24.05.2016 in Writ A No. 38333 of 2016, order dated 13.6.2016 in Writ-A No. 40833 of 2016 and orders dated 24.5.2016 and 23.06.2016 in Writ-A No. 8507 of 2024 passed by the Secretary, Vocational Education and Skill Development Department, State of Uttar Pradesh are unsustainable in law and are hereby quashed. 28. A mandamus is issued to the respondent No. 1-Secretary, Vocational Education and Skill Development, State of Uttar Pradesh to pass fresh orders regarding regularization of services of the petitioners, after taking into consideration the merit of the claim of each individual petitioner, within a period of three months from the date of receipt of certified copy of this order. Till a final order is passed in the matter, the petitioners shall be allowed to continue to remain in service and will be paid their salaries regularly.