SANT LAL Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner's claim for regularization of his service, was rejected by an order dated 04.12.2010, against which the petitioner has filed the present writ petition.

(2.) In the impugned order, it has only been stated that the petitioner was an employee on daily wage basis in the year 1981 and since, he had not worked for more than 240 days in a calender year, his services could not be regularized under the U.P. Regularisation of Daily Wages Appointments on Group- D Posts Rules, 2001 (hereinafter referred to as the Rules of 2001).

(3.) In the counter affidavit, the respondents have come out with an additional stand, namely that the petitioner had only worked for a limited period in the year, 1981 and thereafter did not work for the next 17 years. This fact is however, not indicated in the impugned order and therefore, this additional fact can not be taken into consideration.