LALLAN JEE PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) Petitioners, who claim to be working as Beldar in the Irrigation Department of the State of U.P. had set up a claim for being regularized in accordance with the provisions of U.P. Regularization of Daily Wages Appointments on Group 'D' Post Rules, 2001. The claim of the petitioners in that regard was considered by the Chief Engineer and the petitioners were regularized on the post of Tarbabu vide order dated 5th November, 2004. Under the said order of regularization it was provided that the petitioners would be required to obtain Telegraphic Certificate within a period of one year (reference-condition No. 5 of the regularization letter).

(2.) By means of the impugned order dated 10.6.2005, the regularization offered to the petitioners on the post of Tarbabu has been recalled and petitioners have been regularized on the post of Beldar.

(3.) The order dated 10.6.2005 is being challenged on the following grounds: (a) The order impugned has been passed without notice and opportunity of hearing to the petitioner and (b) The time granted under the order of regularization as Tarbabu for obtaining Telegraphic Certificate has yet not expired and therefore the order canceling the regularization of the petitioners on the post of Tarbabu cannot be legally sustained.