HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 21155 of 2019 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri A.P.Singh, learned counsel for the petitioners, Sri A.K.Gupta, learned A.C.S.C. and Sri V.K.Singh on behalf of respondent no.5. 2. Learned counsel for the petitioners is pressing this writ petition only qua to respondent nos.3 and 4 since petitioner nos.1 and 2 have already crossed the age of superannuation. 3. Learned counsel for the petitioners has not disputed that all the petitioners were appointed against the newly created posts with a rider of one year in the year 2008 and thereafter it appears that creation of said post was extended year to year however, specific orders in this regard are not on record. 4. Now the petitioners have approached this Court that since they have worked for more than 10 years, therefore, they may be made regularized. 5. In pursuance of an order passed by this Court in Writ Petition No.47215 of 2017, representation filed by petitioners was decided vide order dated 2.6.2018 that it is up to the State Government to pass an order to continue the created posts. 6. Learned counsel for the petitioners further submitted that State Government has not taken any decision till date and no counter affidavit has been filed on their behalf. Versus Counsel for Petitioner(s) : A.P.Singh Counsel for Respondent(s) : C.S.C., Nagendra Nath Mishra, Vinay Kumar Singh Ram Ashis And 3 Others .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 7. Learned counsel appearing on behalf of respondent no.5 submits that if permanent posts are created by the State Government and they have finance to sustain petitioners' salary they will be considered for regularization in terms of relevant provisions. 8. Learned A.C.S.C.on basis of limited instructions submitted that since there is no order of extension of posts by the State Government, therefore, petitioners' have no right. 9. I have considered the above submissions and perused the records. 10. Admittedly, the posts were created for one year which might be extended year to year as well as that it is not under much dispute that respondent Nagar Panchayat Bansgaon, Gorakhpur can consider the case of petitioners for regularization only if the posts are made permanent or a certain direction is passed, but no specific direction has been passed by the State Government in this regard. 11. In the aforesaid circumstances, this writ petition is disposed of with a direction that State Government will take a reasoned decision as to whether to extend the created post permanently or not and subsequently its legal consequence i.e. claim of petitioner nos 3 and 4 be considered in accordance with law.. September 9, 2025 SB WRIA No. 21155 of 2019 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad