RAM CHANDRA YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner claims to have been appointed on daily wage basis on 1.1.1987. He states that he continues to work on the said post even on today. In support of his claim, the petitioner has placed on record the list of daily wagers in which their dates of appointment are reflected. The list is said to have been issued on 20th June, 2000 in which petitioner is placed at Serial No. 60. He claims that he is entitled to be regularized in terms of the U. P. Regularization of Daily Wages Appointment on Group D Posts Rules, 2001. He states that he has filed Writ Petition No. 23954 of 2001 seeking a direction to the respondents to regularize the services of the petitioner. This Court on 5.7.2001 directed the respondent to consider the case of the petitioner within a period of three months. In pursuance of the directions issued by this Court, representation was filed by the petitioner which was rejected. Against the said rejection, the petitioner has filed Writ Petition No. 1130 of 2002 in which direction was issued to the respondents to consider the case of the petitioner for regularization. On their failure to regularize the services of the petitioner, a contempt petition was filed. On the pain of contempt, claim of the petitioner was rejected vide order dated 23.12.2003. The stand of the respondent is that the petitioner did not have continuous service from 1991 to 2001. It is further stated that the petitioner had worked with periodical breaks as such he is not entitled to be regularized under Rule-4 of the said Rule.

(2.) I have heard learned counsel for the parties.

(3.) The stand of the petitioner that he was appointed on 1.1.1987, this fact was not disputed by the respondents, and continues to work ever since that on daily wage basis. The only objection taken in the impugned order is that the petitioner did not have a continuous service from 1991 to 2001 as a result of which he is not entitled to be regularized under this Rule. In order to appreciate this controversy Rule-4 is quoted hereinbelow: