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2025 DAILYLAW 172403 (ALL)

BIRENDRA PRASAD PANDEY v. THE STATE OF U.P. AND 3 OTHERS

WRIA/15831/2025 · 2025-10-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15831 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Shivendu Ojha, learned counsel for the writ petitioner and Sri Rahul Malviya, learned Standing Counsel for the State. 2. The case of the writ petitioner is that he was appointed as an Amin as muster roll daily wager employee on 01.10.1988 in the Office of Executive Engineer Construction Division No.2, Public Works Department, Mau. As per the provisions of U.P. Regularization of Daily Wages Appointment on Group-C Post Rules, 1998, post completion of 10 years of continuous service, the employees working on the post of Amin as muster roll daily wager are liable to be considered for regularization. It is also the case of the writ petitioner that he had preferred Writ Petition No.1200 (S/S) of 1999 for grant of minimum pay scale in which an interim order came to be passed 30.03.1999 and minimum pay scale was accorded. The grievance of the writ petitioner is that the writ petitioner is entitled to be considered for regularization from the date i.e. 01.10.1998 on 16.02.2002. 3. Prayer in the present writ petition is for a direction to the respondents to consider the claim of the writ petitioner. 4. Sri Rahul Malviya, learned Standing Counsel on the other hand submits that the claim of the writ petitioner needs to be adjudicated at the first instance by Respondent no.2, The Engineer-in-Chief, Development & HoD, Public Works Department, U.P. Lucknow and the writ petitioner may represent his cause to the said authority. 5. Considering the submissions so made across the Bar and looking into the Versus Counsel for Petitioner(s) : Shatrughan Sonwal, Shivendu Ojha, Sr. Advocate Counsel for Respondent(s) : C.S.C. Birendra Prasad Pandey .....Petitioner(s) The State Of U.P. And 3 Others .....Respondent(s) nature of relief as sought and also the fact that no orders have been passed, the writ petition stands disposed of directing the writ petitioner to prefer a comprehensive representation along with self attested copy of the writ petition and the certified copy of the order before Respondent no.3, The Engineer-in-Chief, Development & HoD, Public Works Department, U.P. Lucknow by 07.11.2025, who shall on the said motion proceed to consider the claim of the writ petitioner strictly in accordance with law within a period of three months months thereafter. In case, the third respondent is of the opinion that the matter needs to be adjudicated by any other authority, then the due communication be made to the writ petitioner and the papers be transmitted to it. October 29, 2025 N.S.Rathour WRIA No. 15831 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad