SHAILENDRA KUMAR SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) This writ petition is directed against an order of the Principal Secretary, Urban Development, Government of Uttar Pradesh, Lucknow dtd. 25/7/2023, rejecting the petitioner's claim for regularization in service. The petitioners have further prayed for the issue of a writ in the nature of mandamus, commanding the respondents to regularize the petitioners' services.

(2.) The facts, giving rise to the writ petition, are these: According to the petitioners, they are nine in number and working as daily-wagers on various Class-III and IV posts, eversince the date of their respective engagement in the establishment of the Nagar Panchayat, Harraiya, District Basti. They say that they have an unblemished service record to their credit. The petitioners' initial dates of engagement, the class and level of work done by them with the Nagar Panchayat, Harraiya, District Basti (for short, 'the Nagar Panchayat') are depicted below in tabular form: <IMG>JUDGEMENT_184_LAWS(ALL)4_2024_1.jpg</IMG>

(3.) It appears that by a Government Order dtd. 24/2/2016, the State Government introduced a scheme for the regularization of daily wagers/ work-charged employees and those appointed/ engaged on contract basis in various departments of the State Government, including the Nagar Panchayat up to 31/12/2001. In order to give effect to the said Government Order, or so to speak, the Government's Policy, Rules under the proviso to Article 309 of the Constitution were made by the Governor, called the Uttar Pradesh Regularisation of Persons Working on Daily Wages or On Work Charge or On Contract in Government Departments on Group "C" and Group "D" Posts (Outside the Purview of the Uttar Pradesh Public Service Commission) Rules, 2016 (for short, 'the Rules of 2016'). The petitioners say that in order to extend the benefit of regularization to employees of the Nagar Panchayat, the Director, Local Bodies, addressed communications to Nagar Panchayat across the State, asking them to submit requisite information in a prescribed proforma, regarding employees working on daily-wages etc. in their establishment.