MAHENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioner has been regularized by means of order dated 19.11.2001 and has filed this writ petition seeking a writ of mandamus commanding the respondent no. 2 to consider the date of regularization of petitioner from 4.9.1998 instead of 19.11.2009. Under the Rules, it is provided that the regularization shall take effect from the date of order of regularization. However, petitioner is seeking regularization with retrospective effect. No provision has been shown under which the backdated regularization can be claimed by petitioner.

(2.) It is said that some other persons have been allowed similar benefits, and, therefore, petitioner is also entitled for the same. However, I find no force in the submission.

(3.) It is well settled that two wrongs will not make one right. In Union of India & another Vs. Kartick Chandra Mondal & another, 2010 2 SCC 422, the Court has gone to the extent that even if some other persons similarly placed have been absorbed, that cannot be a basis to grant a relief by the Court which is otherwise contrary to statute. In para 25 of judgment, the Court said: