Neutral Citation No. - 2025:AHC-LKO:11214 Court No. - 6 Case :- WRIT - A No. - 2072 of 2025 Petitioner :- Deepak Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Food And Civil Supply And 2 Others Counsel for Petitioner :- Shivam Singh,Atul Kumar Pathak,Chandan Tiwari Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Atul Kumar Pathak, learned counsel for petitioner as well as learned Standing Counsel for respondents. 2. The petitioner by means of present writ petition has challenged the order dated 31.01.2023 passed by District Supply Officer, Lakhimpur Kheri thereby rejecting the application of the petitioner for being appointed on contract basis on the post of Data Entry Operator. 3. The brief facts of the case are that the petitioner was appointed by M/S A2Z Multi Services & IT Solutions Pvt. Ltd. on contract basis dated 02.01.2017 as a Data Entry Operator in the office of the District Supply Officer, Lakhimpur Kheri. The said contract was upto 31.03.2017 between the petitioner and the service provider and it seems that no appointment letter was issued from the office of District Supply Officer, Lakhimpur Kheri to the petitioner. Despite the contract having ended on 31.03.2017, it seems that the petitioner continued to work till sometimes in 2019. According to the petitioner his services were orally determinant w.e.f. 29.06.2019. 4. It has been alleged by the petitioner that he had worked continuously since 12.12.2012 up to 28.06.2019 as daily wages employee and received salary from the department and when he requested for his regularization, his services have been terminated. It is against the order of termination that the petitioner had filed an original application before the Public Service Tribunal being Claim Petition No. 1683/2020. The said claim petition was disposed of by the Tribunal directing the respondents to consider and decide the representation of the petitioner. 5. The representation of the petitioner was rejected on 10.9.2021 against which he filed another claim petition begin Claim Petition No. 628/2022. The said claim petition came to be disposed of by means of order dated 20.12.2022 again directing the respondents to consider the case of the petitioner looking into his long length of experience to engage on contract basis Data Entry Operator or any other basis as per the Rules. 6. While deciding the said dispute, the Tribunal has looked into the entire facts and also considered the aspect that the petitioner was never appointed by the office of the District Supply Officer, Lakhimpur Kheri and no document has been annexed by the petitioner pertaining to his appointment or that he has ever served under the District Supply Officer, Lakhimpur Kheri. The only document which was produced before the Public Service Tribunal was the appointment on contract dated 02.01.2017 which was for a period of two years. 7. In pursuance of the directions issued by the Public Service Tribunal dated 20.12.2022 again the representation has been rejected by order dated 31.01.2023. While rejecting the representation of the petitioner on second time, the respondents have stated that there is no post of Data Entry Operator sanctioned under the District Supply Officer, Lakhimpur Kheri and they have also denied that the petitioner has ever been appointed or worked as a daily wager under the District Supply Officer, Lakhimpur Kheri. It has been submitted that the petitioner was appointed for a period of only two months from 02.01.2017 to 31.03.2017 as a Data Entry Operator and his contract has come to an end on 31.03.2017 and in absence of any sanction post it is not possible for the respondents to appoint the petitioner on contract basis and accordingly has rejected his representation. 8. Learned counsel for petitioner has submitted that considering the fact that petitioner has worked under the District Supply Officer, Lakhimpur Kheri for a long length of time his services may be regularised for the post of Data Entry Operator and has reiterated the submission before this Court which was placed before the Public Service Tribunal. 9. Considering the submissions of the petitioner and also considering the grounds for rejection of his representation, this Court finds that no material has been adduced by the petitioner which could indicate that he has ever worked on daily wage or on the post of Data Entry Operator under the District Supply Officer, Lakhimpur Kheri. In the impugned order, it has been mentioned that the post of Date Entry Operator is neither existing nor has been sanctioned under the District Supply Officer, Lakhimpur Kheri and consequently in absence of any post no direction as sought by the petitioner can be granted for permitting the petitioner to join and work on the post of Data Entry Operator. 10. This Court also finds that the case of the petitioner has been adequately considered by the Public Service Tribunal on two separate occasions and while deciding the claim petition No. 628/2022, the Pubic Service Tribunal itself did not find any ground for interference in the order of rejection but merely looking into the financial hardship being faced by the petitioner and his allegation that he has worked for a long time under the District Supply Officer, Lakhimpur Kheri had directed the respondents to consider the appointment of the petitioner on contract basis. 11. Accordingly, for the reasons aforesaid, this Court does not find any infirmity in the impugned order rejecting the representation and this Court is also of the considered view that no such directions could have been directed in the present case where there is no evidence indicating that the petitioner was ever appointed or worked under the District Supply Officer, Lakhimpur Kher. Accordingly, the writ petitioner is bereft of merits and is dismissed. (Alok Mathur, J.) Order Date :- 21.2.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench