RATAN BIHARI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri Ram Niwas Singh, learned counsel for the petitioner. Learned Standing Counsel appears for the respondents. The pleadings are complete. With the consent of parties, the writ petition was heard.

(2.) THE petitioners, serving as Class-IV employees in the Government Scheduled Caste Hostel (Women) at Allahabad, run and managed by the Department of Social Welfare, Government of U.P. on consolidated wages, have prayed for quashing an order dated 29.7.2008 and have prayed for regularization of their services like other similarly situated employees. Earlier the petitioners had filed a Writ Petition No. 9176 of 2006, Rater? Bihari and others v. State of U. P. and others, which was disposed of on 22.9.2007 with directions to consider their cases for regularization under the U.P. Regularization of Adhoc Appointments (On posts outside the purview of Public Service Commission) Rules, 1979 (in short the Rules of 1979) within a period of four months from the date of presentation of a certified copy of this order. THE Director, Social Welfare, U.P. has considered the matter and has, by his order dated 29.7.2008, disposed of their representations rejecting their prayers for regularization on the ground that there is no Government Order or statutory rules for regularising the employees working on consolidated pay. THE Rules of 1979 are applicable to only those employees, who have been appointed on adhoc basis and thus the petitioners' case is not covered by the Rules of 1979.

(3.) SHRI Kundan Singh Yadav filed a Claim Petition No. 1167 of 1996 in the U.P. Public Service Tribunal. The claim petition was allowed on 27.9.2007 with directions: "In the result the claim petition is allowed. The opposite parties No. 1 to 4 are directed to grant regular pay-scale of Rs. 750-940 to the petitioners from 10.12.1996. Cost is made easy." The order was challenged by the State Government in Writ Petition No. 15314 of 2004, State of U.P. v. Kundan Singh Yadav. The writ petition was disposed of on 15.4.2004 with directions to the State Government to file a review petition. The review petition was dismissed on technical grounds, on which the Writ Petition No. 165 (S/B) of 2005, State of U.P. v. Kundan Singh Yadav, was filed which was again disposed of on 27.1.2005 with directions to U.P. Public Service Tribunal to decide all the issues within three months. The review petition was dismissed by the Tribunal in pursuance of the said order of the High Court on 26.4.2005. A Writ Petition No. 1394 (S/B) of 2005, State of U.P. v. Kundan Singh Yadav, was thereafter filed by the State of U.P. in the Lucknow High Court which was pending upto 28.11.2005. During the pendency of the contempt petition, the State Government allowed regular pay-scale of Rs.750-940 (revised pay-scale of Rs. 2550-3200) to the petitioners w.e.f. 10.12.1996 in compliance with the order of the Tribunal dated 27.9.2002.