ALOK SINHA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned standing counsel.

(2.) The instant writ petition has been filed against the order dated 17th October, 2000 passed by District Horticulture Officer. Barabanki, by means of which the petitioner who was working on daily wages basis has been denied regularisation on Group 'C' post on the ground that he was not appointed directly against any available vacancy.

(3.) The petitioner was appointed as typist on daily wages basis. It is admitted case of the opposite parties that he is continuously working on daily wages basis since July, 1990 but his engagement was not made against any available vacancy in Group C post and was only engaged on muster roll. His representation has been rejected in this regard which was directed to be decided vide order dated 13.1.2000, passed by this Court in his earlier Writ Petition No. 5094 (S/S) of 1990, in which it was directed that since the petitioner is working on dally wages basis since 1987, therefore, his case is squarely covered under Rule 4 of the U. P. Regularisation for Daily Wages Appointment for Group C Post (Outside the Purview of U. P. Public Service Commission) Rules, 1998 and he is to be considered for regularisation.