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2025 DAILYLAW 36457 (ALL)

RAJNI v. STATE OF U.P. AND 3 OTHERS

WRIA/12232/2019 · 2025-07-23

Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:122006 Court No. - 38 Case :- WRIT - A No. - 12232 of 2019 Petitioner :- Rajni Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Prasad Mishra,Pankaj Srivastava Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. 1. Heard Sri Jitendra Prasad Mishra, learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. Present writ petition has been filed for following relief: "(i) issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 23.04.2018 passed by the respondent no.4 whereby he has rejected the claim of the petitioner. (ii) issue a writ, order or direction in the nature of Mandamus directing the respondents to take back the petitioner in job and allow her to continue as sweeper in Government Degree College, Manikpur, Chitrakoot and pay her salary in terms of the Notification dated 28.08.2017 issued by the Central Government regarding payment of Rs. 18000/- per month as minimum of wages." 3. In fact, earlier the petitioner has approached this Court by way of Writ A No. 3345 of 2018, which was disposed of directing the authorities to consider the representation made by the petitioner for regularization of service as sweeper. 4. After notice, the respondents have filed the counter affidavit. In the said counter affidavit, they have stated that respondent no.3- principal of the college, has taken the services of the petitioner on daily-wage basis. According to that, she worked till 2016 and subsequently, as per the Government Order dated 12.09.2016, the services of the petitioner was dispensed with by engaging services of two other persons on outsourcing basis. 5. Considering the submissions and perusal of the record, as the respondents have engaged the services of the petitioner on daily- wage basis, even now the respondents have dispensed the services of the petitioner and engaged two other persons on outsourcing basis. As the principle laid down by the Apex Court that temporary employee cannot be replaced by another temporary employee. 6. Taking that into consideration, the writ petition is disposed of with direction to the respondents, more particularly, respondent nos. 2 and 3 to consider the case of the petitioner to engage her on outsourcing basis as per the Government Order dated 12.09.2016 and pass appropriate orders, within a period of two months. Order Date :- 24.7.2025 Noman (Donadi Ramesh, J.) Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad