RAKESH CHANDRA SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) SUDHIR Agarwal, J. Heard Sri Vinod Kumar Dwivedi for the petitioner, learned Standing Counsel for the respondents and perused the record.

(2.) THE petitioner has sought a writ of mandamus commanding the respondents to regularize him on the post of Chowkidar in the department and pay minimum pay scale along with other allowances which are being paid to the regularly appointed Chowkidars of the department until regularization of the petitioner is made.

(3.) LEARNED Counsel for the petitioner drew the attention of this Court to para- 14 of the rejoinder affidavit and stated that as a result of several retirements of class 4th1 employees, there are 15 posts of Chowkidar lying vacant and, therefore, the petitioner is entitled for regularization against these vacancies under 2001 Rules. He also placed reliance on a Single Judge judgment of this Court in Writ Petition No. 59535 of 2005, Jawaharlal v. State of U. P. and others, decided on 1. 11. 2006 wherein a direction has been issued to the respondents to consider the candidature of the petitioner and other similarly situated candidates under 2001 Rules as and when the vacancies arise in future.