Neutral Citation No. - 2025:AHC:62561 Court No. - 38 Case :- WRIT - A No. - 12069 of 2016 Petitioner :- Mukesh Sharma And 32 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Pandey,Arvind Srivastava,G. Sisodia,Gaurav Sisodia Counsel for Respondent :- C.S.C.,Rajeshwar Tripathi,Rohit Pandey,Vivek Verma Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the parties. 2. This writ petition is filed for a direction to the respondents to continue the petitioners on Class-IV post in pursuant to the Government Orders dated 04.04.1998 and 02.05.1998 in their respective posts. 3. The petitioners were appointed on different dates in the University in March, 1994 onwards on daily wages. They worked as daily wages employees in the respondent - University till 31.12.1998. As the respondent - University required to manage works in various departments, it engaged Class-IV employees in various departments, as such the petitioners were appointed and they continuously worked till 1998. The respondent - University has also maintained attendance register of the petitioners. Apart from that, the respondent - University has also issued enrollment numbers to all the daily wages employees. Subsequently, the respondent - University has got sanctioned 191 post of Class -III and Class -IV posts and accordingly the State Government issued an order on 04.04.1998 in respect of adjustment of daily wages employees of the University under the sanctioned posts. 4. The State Government has issued again an order on 02.05.1998 in respect of the ministerial staff of the University. As the petitioners are daily wage employees, they requested the respondent - University for adjustment in the sanctioned post as the respondent - University has issued a scheme for regularization of the daily wage employees into sanctioned posts. When the respondent - University is not inclined to absorb the petitioner in the sanctioned posts, Union of the daily wage employees approached this Court by filing civil misc. writ petition no.36697 of 1998 and the said writ petition was dismissed solely on the ground that list of names of the daily wage employees have not been annexed with the writ petition but liberty was given to the individual to approach this Court. 5. Subsequently, some of the petitioners have made request to the concerned Head of Department for absorption in the said sanctioned post, which was forwarded / recommended to the Registrar of the respondent - University for consideration of the petitioners' case with regard to absorption. The said letter has been annexed along with supplementary affidavit filed on 07.09.2017. Despite the same, the respondent - University has not considered the petitioners' case whereas some of the employees who were appointed on later dates have also been considered by the respondent - University. 6. Learned counsel for the petitioner has further submitted that all the petitioners are eligible for absorption into sanctioned posts and sufficient number of posts are lying vacant. 7. Having availability of the vacancy and also suitability of the petitioner as per scheme when the respondent - University was not inclined to absorb, the petitioners left with no option have approached this Court by means of the present writ petition and requested to allow the same with direction to the respondent - University to consider the case of the petitioners' absorption for the vacant sanctioned posts. 8. Reply to the said contention, the respondents have filed counter affidavit wherein they have specifically taken stand that though the petitioners are working and worked up to the month of December, 1998 in the said University but they have engaged on fixed honorarium for certain works by the University and for that engagement, they have paid honorarium up to month of October, 1998. They have further stated that as per guidelines given by the State Government vide Government Orders dated 04.04.1998 and 02.05.1998, the employees appointed on the sanction posts were adjusted and no deviation was made. 9. Refuting to the same, learned counsel for the petitioners has stressed his argument based on supplementary affidavit filed on 07.09.2017 wherein he has specifically stated that some of the daily wage employees namely Patrekahan Lal holding Account No.4886 and Raj Bahadur Singh holding Account No.4400 who were junior to the petitioners, have been absorbed in the sanctioned posts whereas the petitioner no.1 having Account No.4324 which appears to be much prior than those two regularized employees, is also entitled to be absorbed in the sanctioned post. 10. Considering the submissions made by learned counsel for the petitioner as well as learned counsel for the respondent - University, that though the petitioners have made specific assertions that some of the daily wage employees junior to the petitioners were considered and absorbed in the sanctioned posts but despite the recommendation made by the Head of Department, the respondent - University has not considered the petitioners' case or passed any order. 11. In view of the said circumstances, the writ petition is disposed of giving liberty to the petitioners to make fresh representation with all particulars before the respondent - University within a period of two weeks from today. The respondent - University shall consider the same based on the scheme and shall pass appropriate orders within a period of two months thereafter, which shall be communicated to the petitioners. Order Date :- 24.4.2025 rkg (Donadi Ramesh, J.) Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad