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2025 DAILYLAW 197669 (ALL)

DINESH KUMAR VISHWAKARMA v. VICE CHANCELLOR ACHARYA NARENDRA DEV UNIVERSITY OF AGRICULTURE TECHNOLOGY KUMARGANJ AYODHYA

WRIA/13315/2025 · 2025-11-17

S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13315 of 2025 Court No. - 20 HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Sri Satyanshu Ojha, Advocate has put in appearance on behalf of the opposite party by filing his Vakalatnama, the same is taken on record. 2. Heard Vinod Kumar Yadav, learned counsel for the petitioner, Sri Satyanshu Ojha, learned counsel appearing on behalf of the opposite party/ University and perused the material available on record. 3. By means of the present writ petition, the petitioner has prayed for the following reliefs: "(i) Issue a writ, order order direction in the nature of mandamus directing the opposite party to regularize the petitioner on the post of modular, which is vacant due to retirement. (ii) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 13.07.2018 as Annexure No. 10 passed by the respondent University i.e. the Vice Chancellor, Narendra Dev University of Agriculture and Technology, Faizabad." Versus Counsel for Petitioner(s) : Vinod Kumar Yadav Counsel for Respondent(s) : Prashant Kumar Singh, Satyanshu Ojha Dinesh Kumar Vishwakarma .....Petitioner(s) Vice Chancellor Acharya Narendra Dev University Of Agriculture Technology Kumarganj Ayodhya .....Respondent(s) 4. Submission of learned counsel for the petitioner is that the petitioner is working since 19.06.1990 as Carpenter in the Department of Engineering & Nirman Sansthan and is being paid minimum of pay-scale in the light of the order dated 16.04.2002 passed by this Court in Writ Petition No. 6884(ss) of 1999 (Dinesh Kumar Vishwakarma and others Versus State of Uttar Pradesh and others). He further submits that in the light of the guidelines issued by this Court vide the aforesaid order dated 16.04.2002, the opposite party has framed the scheme for regularization. Seniority list of some daily wage workers has been prepared on 11/12.06.2013, who were engaged in the University before 16.04.1992 and were working continuously on the date of commencement of the scheme. He further submits that the aforesaid scheme of 2002 for regularization of the daily wage workers was duly approved by the State Government. As per the Rules framed by the opposite party, the workers working on daily basis, who completed 10 years of service along with 240 days of service (in each year) are eligible for their regularization. 5. Learned counsel appearing on behalf of the University submitted that on account of subsequent developments, the cut-off date has been extended up to 31.12.2001 and the consideration of the petitioner, if any, is to be made in accordance with the existing scheme. 6. Be that as it may, this Court finds that no useful purpose would be served in keeping the present petition pending. Accordingly, this writ petition is disposed of at the admission stage by granting liberty to the petitioner to prefer a comprehensive representation narrating the facts in detail and all other pleas and grounds that are available to him; before the opposite party/University within a period of 10 days from today. In case such a representation is received by the opposite party/University within the time frame as provided by this Court herein WRIA No. 13315 of 2025 2 above, the opposite party/University shall look into the case of the petitioner in the light of the relevant rules and guidelines issued by the Government from time to time. It is expected that the said authority shall endeavour to dispose of the said representation within 6 weeks from the date of receipt of said representation by passing a reasoned order strictly in accordance with law. November 17, 2025 Arun WRIA No. 13315 of 2025 3 (Syed Qamar Hasan Rizvi,J.) Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench