BHAWANI PRASAD SAHU Vs. STATE OF U.P.

JUDGEMENT

(1.) This bunch of writ petition leading one being Writ Petition No.4476(SS) of 2019 has been preferred assailing the order dtd. 11/10/2018/12/10/2018 passed by the Executive Engineer, Provisional Division, Public Works Department, Lucknow (Annexure 1 to the writ petition), whereby the petitioners' regularization orders dtd. 25/6/2013 regularizing their services with effect from 2/7/2003 have been made ineffective and the order of regularization has been revisited as per fresh seniority list dtd. 21/4/2018.

(2.) The petitioners were initially engaged as Daily Wagers from time to time considering the exigency of work on the posts of Wireman, Electrician, Helper, Mate, Fire Alarm Operator, A.C. Operator etc., in the Department of Public Works Department. Some of the petitioners preferred a Writ Petition No.1427(SS) of 1997: Ram Swaroop and Anr versus State of UP with a prayer to grant them regular pay scale of Class IV post and consider them for regularization. This Court passed an interim order dtd. 21/2/1997 whereby direction was given for payment of minimum of pay scale to which regular employees of the category of the petitioners were being paid salary, subject to verification of length of service of the petitioners in the writ petition.

(3.) The State Government, in the meantime, framed rules namely Uttar Pradesh Regularization of Daily Wages (Appointment on Group D Posts) Rules 2001 (hereinafter referred to as Rules, 2001). Rule 4 of the Rules, 2001 provides that any person, who was appointed on daily wage basis prior to 29/6/1991 and is continuing in service, as such on the date of commencement of rules i.e. 21/12/2001 and possess requisite qualifications shall be considered for regularization.