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Neutral Citation No. - 2025:AHC:79610 Court No. - 4 Case :- WRIT - A No. - 6085 of 2025 Petitioner :- Shobh Nath Tiwari Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- H.K Asthana,Pradeep Kumar Srivastava,Yash Shekhar Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard Sri H.K. Asthana, 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, who is working as Seenchpal on daily wage basis, wants consideration of his candidature for regularization under Rules, 2016.
3. It is contended on behalf of the petitioner that petitioner has been working ever since 1997 on daily wage basis and earlier he was disengaged, he had filed a writ petition being Writ - A No. 1239 of 1999 in which direction was issued to consider the claim of the petitioner in following terms:
"8. Thus, without entering into the merits of the travesty, present writ petition is disposed of with the following directions:- (i) The petitioner may file a representation before respondent no.1 raising a claim for regularization or continuance in terms of the relevant government
order with respect to regularization etc. within a period of two weeks from today. (ii) In the event such representation is being filed, if respondent no.1 is prima facie of the view that the representation may be rejected, he may issue show cause notice to the petitioner in that regard specifying the point on which he proposes to reject the representation. Such notice may be issued within a period of one month from the date of receipt of representation made by the petitioner. (iii) Upon receipt of such notice the petitioner shall have two weeks and no more to file final reply before respondent no.1. Upon the aforesaid reply being furnished, if any, respondent no.1 shall pass a reasoned order on the petitioner's representation strictly in accordance with law within a further period of two months from the date of submission of the same."
4. It is further submitted that after petitioner made representation
on 02.06.2011, petitioner came to be reinstated vide order dated
25.06.2019.
5. Learned Standing Counsel submits that petitioner may be
directed to make fresh representation along with certified copy of this order setting up his claim for regularization before the concerned competent respondent i.e. respondent no. 5 which shall be decided strictly in accordance with law.
6. In view of the above, this petition stands disposed of with a direction to the petitioner to make a fresh representation ventilating his grievance before the respondent no. 5 along with the certified copy of this order within a period of four weeks and if such a representation is moved, the respondent no. 5 shall consider and decide the same within a further period of two weeks.
7. Needless to add the order to be passed by the competent authority, as directed herein above, shall be reasoned and speaking one.
Order Date :- 14.5.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad