LAWS(ALL)-2006-3-124

NARESH KUMAR Vs. STATE OF UTTARANCHAL

Decided On March 14, 2006
NARESH KUMAR Appellant
V/S
STATE OF UTTARANCHAL Respondents

JUDGEMENT

(1.) HEARD Sri Pankaj Miglani, Advocate for the petitioners and Standing Counsel for the respondents no. 1 to 3.

(2.) BY the present writ petition, the pe titioner has prayed for a writ of mandamus directing the respondents to regularize the services of the petitioners as Class-IV em ployees in Kanhaiya Lal Polytechnic, Roorkee, District-Haridwar and to pay them the regular pay-scale, bonus and other requisite benefits and arrears admis sible to them as a Class-IV employee.

(3.) A counter affidavit has been filed by the State, where it has been stated in paragraph 4 that Kanhaiya Lal Polytech nic, Roorkee has been established by the Government of U. P. and is aided by the State Government under the control of Director Technical Education and the Hos tel where the petitioners are working is a separate and independent entity and nei ther there is any regular substantive post for Class-IV category and nor the same is aided by the State Government, but the same is being maintained from the income of rent received from the students. It has further been stated in the counter affida vit that there was no regular vacancy and there is no permanent requirement of any Class-IV staff.