Neutral Citation No. - 2025:AHC:61398 Court No. - 38 Case :- WRIT - A No. - 65966 of 2014 Petitioner :- Anil Kumar And 5 Ors Respondent :- State Of U.P. And 2 Ors Counsel for Petitioner :- Ashok Khare,Piyush Dubey,Vivek Sharma Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. The present writ petition is filed by the petitioners for a direction to the respondent no.2 to accord consideration to the petitioners for regularization/absorption against substantively vacant post in view of the notification dated 07.11.2014 issued by the Director Training and Employment U.P. Lucknow. Initially recruitment to the post of Instructor was made in accordance with Rules framed under the proviso to Article 309 of the constitution known as U.P. Government Industrial Training Institute (Instructors) Service Rule 1991. The petitioners got appointed by Government Industrial Training Institute, Chandausi, District Sambhal and accordingly, the petitioners have joined on 01.01.2001, 06.07.2001, 01.01.2001, 01.01.2001, 12.09.2001 and 01.01.2001 respectively. Since the petitioners are working continuously as Guest Speaker as per the notification issued by the Government on 30.05.2001. The decision has been taken by the State Government to appoint Guest Speakers against vacant posts of instructors in different trades in Government Industrial Training Institutes on payment of daily honorarium basis. As the Teaching work in the Industrial Training Institute continues throughout the year with a short term summer break. As the petitioners are having requisite qualification for the post against which they have been appointed as Guest Speaker and they have worked for substantial length of period in the institution. Hence they are entitle for regularization in the said posts. That has not been considered by the respondents, hence, the present writ petition is being filed by the petitioners. Learned counsel for the petitioner submits that in the identical situation a bunch of writ petitions are disposed of as in Writ A No. 38333 of 2016 in Bhairav Nath Singh and 3 Others Vs. State of U.P and 2 Others, wherein this Court has disposed of the said writ petition with the following directions:- "26. Accordingly, all the writ petitions bearing Writ A No.38333 of 2016, Writ A No.40833 f 2016, Writ A No.44315 of 2016, Writ A No.51565 of 2016 and Writ A No.8507 of 2024 are hereby allowed. 27. The impugned order dated 24.05.2016 in Writ A No.38333 of 2016, order dated 13.06.2016 in Writ A No.40833 of 2016 and orders dated 24.05.2016 and 23.06.2016 in Writ A No.8507 of 2024 passed by the Secretary, Vocational Education and Skill Development Department, State of U.P. are unsustainable in law and are hereby quashed. 28. A mandamus is issued to the respondent No.1- Secretary, Vocational Education and Skill Development, State of U.P. to pass fresh orders regarding regularization of services of the petitioners, after taking into consideration the merit of the claim of each individual petitioner, within a period of three months from the date of receipt of certified copy of this order. Till a final order is passed in the matter, the petitioners shall be allowed to continue to remain in service and will be paid their salaries regularly." Against the above orders the State has filed Special Appeal No.1120 of 2024 in State of U.P. and 2 Others Vs. Bhairavnath and 3 Others. The said special appeal dismissed with the following observations:- "Learned State Counsel has not been able to highlight any of the Clause occurring in Rule 2, which alone is exempted from applicability of Regularization Rules, 2016. Once that be so, we find that direction of the learned Single Judge to accord consideration to the respondent- petitioners' claim is in keeping with the State policy for regularization. To what extent, claim of the respondent- petitioners is covered under the Rules is left open for examination." In view of the same, these petitioners are also entitled for the same relief. As the learned Standing Counsel appearing on behalf of the State has also accepted that the issue was already decided by the Division Bench in order dated 10.04.2025. Accordingly, the present writ petition is also disposed of with the same observations, as the orders in special appeal. Order Date :- 23.4.2025 A Gautam Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad