Neutral Citation No. - 2025:AHC:81029 Court No. - 38 Case :- WRIT - A No. - 24525 of 2009 Petitioner :- Akhilesh Kumar Respondent :- Dir. Of Training And Employment And Others Counsel for Petitioner :- Raj Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The present writ petition is filed questioning the order dated 27.01.2009 passed by respondent no.l - Director of Training and Employment Directorate, U.P., with consequential prayer to direct the respondents to consider claim of the petitioner for absorption and regularization accordingly. 3. The petitioner was appointed on daily wage basis by the respondents from 10.04.1991 to 30.04.1994. Accordingly, he filed an application before the competent authority for regularization of his service. As the said services were terminated, the petitioner approached this Court by filing Writ Petition No.16877 of 1994. As the petitioner along with others who have filed Civil Misc. Writ Petition No.5683 of 1995 (SS) before the Lucknow Bench Lucknow, the said writ petition was disposed of vide order dated 16.02.2004 with the following directions: "Now since the members of the petitioners are working since a long time and come within the scope of Uttar Pradesh Regularization of Ad hoc Appointments (On posts outside the purview of the Public Service Commission) Rules, 1979, as amended by the 3rd amendment dated 20th December, 2001, they are entitled to be considered under those Rules before making any regular appointment. In view of the above facts and circumstances, this writ petition is allowed. A writ in the nature of mandamus is issued to the opposite parties commanding them to consider regularization of those members of the petitioner-association who were working on the post of Instructor on daily wage basis prior to 30.6.1998 against the existing vacancies which have come outside the purview of Public Service Commission, before making any regular appointment in accordance with relevant rules, as expeditiously as possible, preferably within a period of 2 months from the date of production of a copy of this order and till they are considered for regularization, they shall be allowed to continue as such. " 4. " 4. That being the situation as other petitioners to the said writ petition based on the contempt petition moved by them, the respondents have regularized services of others and the petitioner's case was not considered for regularization though he moved an application, which has been rejected by the impugned order without following the observations made by the Lucknow Bench in the aforesaid judgment. 5. After notice, the respondents have filed counter affidavit. Though they have not specifically denied but they have stated that the petitioner has been appointed on daily wage basis and has not worked for certain period from 1991 to 1994 and they have admitted the legal proceedings which were earlier undertaken. And there is no denial with regard to regularization orders passed in favour of other employees. 6. As submitted by learned counsel for the petitioner, when the respondents have considered the case of other petitioners who have filed Writ Petition No.5683 of 1995 (SS), the petitioner is also entitled for regularization. Hence, the petitioner has requested to set aside the impugned order and remand the matter to the respondents for fresh consideration. 7. Even the respondents have also stated that for regularization, the petitioner may approach the 1st respondent. 8. Considering the submissions of learned counsel for the parties and also on perusal of the records, it transpires that the impugned order is contrary to the observations made by Lucknow Bench Lucknow, hence the same is set aside, granting liberty to the petitioner to file fresh representation along with copy of this order before the 1st respondent within a period of two weeks from today. On receipt of such representation, the 1st respondent shall consider the case of the petitioner in the light of the observations made by the Lucknow Bench Lucknow in Writ Petition No.5683 of 1995 (SS) and pass appropriate order within a period of two months thereafter. 9. Accordingly, the present writ petition is allowed. Order Date :- 16.5.2025 rkg (Donadi Ramesh, J.) Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad