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Neutral Citation No. - 2025:AHC:48233 Court No. - 4 Case :- WRIT - A No. - 4057 of 2025 Petitioner :- Anirudha Prasad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishek Bhushan,Shashank Mishra Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard Abhishek Bhushan, learned counsel for the petitioner as well as learned Standing Counsel.
2. By means of this petition filed under Article 226 of the Constitution, petitioner is claiming benefit of regularization as a Jeep Driver in the office of District Panchayat Raj Officer, Kushinagar where he has been working since 03.02.1987.
3. It is contended on behalf of the petitioner that petitioner is entitled to regularization in the light of 'The Uttar Pradesh Regularisation of Persons Working On Daily Wages or on Work Charge or on Contract in Government Departments on Group-C and Group-D Posts (Outside the Purview of The Uttar Pradesh Public Service Commission) Rules, 2016'. It is contended that in the identical set of facts a number of such daily wage employees have already approached this Court previously vide Writ - A No. 632 of 2020, Gyandas & 26 others v. State of U.P. & Another which came to be allowed on 31.07.2023, which upon being challenged in Special Appeal No. 280 of 2024, State of U.P. & Another v. Gyandas & 26 Others, came to be affirmed by a detailed judgment and order dated 01.04.2024, where against the SLP filed by State ofU.P. has been dismissed being Special Leave Petition (Civil) Diary No. 34875 of 2024 on 23.08.2024. It is contended on behalf of the petitioner that since the petitioner's case is identical to those very petitioners whose petitions are allowed as above, petitioner's claim also deserves to be
allowed in terms of the aforesaid judgment.
4. Learned Standing Counsel submits that since the petitioner has already approached the authority by making a detailed representation dated 28.11.2024, copy whereof has been annexed as Annexure No.9 to the writ petition, the same can be considered and
disposed of in accordance with law as the competent authority in the matter is respondent no. 2.
5. In such above view of the matter, this petition stands disposed of with a direction to the petitioner to file a fresh representation in the first instance before District Panchayat Raj Officer, Fatehpur within a period of three weeks along with the certified copy of this order and in the event such a representation is moved, as directed herein above, the District Panchayat Raj Officer, Fatehpur shall forward the same to respondent no. 2, Director, Panchayati Raj, Lucknow along with his comments upon the same in the light of authorities cited by learned counsel for the petitioner referred to herein above. The District Panchayat Raj Officer, Fatehpur shall be forwarding the papers within a further period of two weeks.
6. It is further provided that after the papers are received by the Director, Panchayat Raj, U.P., Lucknow, he shall consider the same and dispose of the same in the light of law laid down by this Court in the case of Gyandas (supra). It is further provided that the appropriate decision shall be taken by the authority namely the respondent no. 2 within a maximum period of two months. It is also provided at the same time that in the event respondent no. 2 arrives at a decision that the petitioner's claim deserves to be allowed in the light of authorities cited above, the appropriate direction in that regard shall also be issued giving him such benefits within a maximum period of three weeks thereafter.
Order Date :- 5.4.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad