SAMAR PAL SINGH Vs. UTTARAKHAND SUGAR

JUDGEMENT

(1.) Heard Shri Davesh Bishnoi, the learned Counsel for the Petitioner and Shri M.C. Pandey, the learned Counsel for the Respondent Nos. 1 and 3.

(2.) The Petitioner was appointed as an Apprentice Manufacturing Chemist w.e.f. February 1, 1990 The appointment letter indicated that he was appointed as an Apprentice for a period of one year and, upon completion of his training period, he would be appointed on a regular post of Manufacturing Chemist provided there existed a vacancy, failing which, he would be discharged from the service. Upon completion of a period of one year, the Petitioner continued to work as an Apprentice. His services was not regularized on the post of Manufacturing Chemist on account of the fact that there did not exist a vacancy. In this regard, the Petitioner made a representation dated August 4, 1993 and, again on August 10, 2000 which fell on deaf ears and, eventually, the Petitioner approached this Court by filing the writ petition in the year 2005 praying for a writ commanding the Respondents to regularize his services on the post on which he was working since 1990 and, further direct the Respondents to consider him for promotion for Deputy Chemist in the D.P.C. scheduled to be held in the near future.

(3.) The Petitioner in his representation contended that juniors to him, namely, Amit Kushwaha, Alok Agarwal, M.C. Srivastava and V.K. Shukla have been regularized w.e.f. August 1995 whereas the Petitioner has been discriminated and has not been regularized. It transpires that Amit Kushwaha, who was junior to the Petitioner filed Writ Petition No. 14044/2001 before the Allahabad High Court which was allowed by a judgment dated April 21, 2003 in which a categorical finding was given that juniors to Amit Kushwaha had been regularized and, consequently, the learned single Judge directed the Respondents to regularize the services of the Petitioner as Manufacturing Chemist with all consequential benefits. This judgment was affirmed by a Division Bench by an order dated August 22, 2003 and, based on the said order, the U.P. Cooperative Sugar Factories Federation Limited, Lucknow regularized the services of Amit Kushwaha and Ors. w.e.f. October 7, 1995 Based on the said order of the regularization, Shri Alok Agarwala, who was senior to Amit Kushwaha and whose representation was allowed was also regularized with retrospective effect from August 1995. Similarly, Shri M.C. Srivastava and Shri V.K. Shukla were also regularized.