LAWS(ALL)-2018-11-246

SHIV CHANDRA BAHADUR Vs. STATE OF U.P.

Decided On November 27, 2018
Shiv Chandra Bahadur Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) This writ petition has been filed by 164 daily wage / muster roll / work charge employees of the Corporation challenging the order dated 4.1.2017 passed by the respondent no. 5 ? Chief Engineer (Distribution) Purvanchal Vidyut Vitaran Nigam Ltd., Allahabad Zone, Allahabad and praying for a writ in the nature of mandamus commanding the respondents to regularise the services of the petitioners in the Corporation with all service benefits as admissible.

(2.) It has been submitted by the learned counsel for the petitioners that the petitioners have been working continuously as daily wagers in the Electricity Department since before 29.6.1991. The Special Secretary (Finance) Government of U.P., Lucknow issued a letter dated 8.9.2010 communicating the decision of the Government to regularise all daily wage / muster roll employees working since before 29.6.1991 in Government Departments, Local Bodies, Development Authorities and Public Sector Corporation, even if there was a necessity to create supernumerary posts for such regularisation. However, the case of the petitioners was not being considered even for though the Corporation had in principle adopted the Government Order for implementation.

(3.) When the Hon'ble Chief Minister was approached in the matter, his office wrote a letter to the Chairman / Managing Director of the Corporation on 12.10.2010 to examine the matter of regularisation of its employee. Still no heed was played and a reminder was issued from the office of the Hon'ble Chief Minister on 7.2.2013.