Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:86786-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 1000 of 2019 Appellant :- Randhir Singh Respondent :- Mukhya Nagar Adhikari, Kanpur Nagar Nigam And Another Counsel for Appellant :- Awadh Behari Singh,Manish Singh Counsel for Respondent :- Harshit Pandey,Munna Pandey,Yashwant Singh Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J.
1. Heard Sri A.B. Singh, learned counsel for the appellant and Sri Yashwant Singh, learned counsel for the respondent.
2. Learned Single Judge has dismissed the appellant's writ only on the ground that there exists no rules framed for regularization of employees and that the Regularization Rules of 2016 i.e. Uttar Pradesh Regularization of Persons Working on Daily Wages or on Work Charge or on Contract in Government Departments on Group 'C' and 'D' Posts (Outside the Purview of Uttar Pradesh Public Service Commission) Rules, 2016 is limited only to State Government employees and not to employees of Nagar Nigam. Undisputedly the appellant is engaged in Nagar Nigam, Kanpur.
3. Learned counsel for the appellant places reliance upon a Government Order dated 3.1.2017, whereby the provisions of the Regularization Rules of 2016 has been extended to local bodies also. The only condition was that financial burden imposed on account of regularization would be borne by the concerned local authority. Documents have been placed on record to show that Nagar Nigam, Kanpur has already resolved to bear the financial implication arising out of regularization of its employees.
4. It appears that Government Order dated 3.1.2017 was not brought to the notice of learned Single Judge, on account of which writ petition has been dismissed. Since the State Government by issuing Government Order dated 3.1.2017 has already made applicable the provisions of the Rules of 2016 upon the employees of the local body including Nagar Nigam, the finding of learned Single Judge that there exists no rules under which services of appellant could be regularized, cannot be sustained.
5. In that view of the matter, the special appeal succeeds and is allowed. Order of learned Single Judge dated 2.8.2019 is set aside. A direction is issued upon the respondent no.1 to accord
consideration to appellant's claim for regularization in accordance with the Rules of 2016, within a period of two months from the date of presentation of a certified copy of this order. We also clarify that action of respondents in denying engagement to the appellant, consequent upon dismissal of writ, would not come in the way of the appellant's consideration for regularization.
Order Date :- 22.5.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad