The case of the appellant petitioner is that he entered in service of the respondents on 16.2.1998 being appointed as Sweeper. The Government of U.P. in the year 2001 introduced the U.P. Regularization of Ad-hoc Appointments (On Posts Outside the Purview of The Public Service Commission) Rules, 1979. As per Rule 4 of Rules aforesaid any person who was directly appointed on ad-hoc basis on or before June 30, 1998 and is continuing in service as such on the date of commencement of the Rules 2001 shall be entitled for regularization in service and his appointment is to be treated under the relevant service rules. The appellant petitioner, being appointed in the month of February 1998 was entitled to be considered for regularization in service as per Rules of 2001. Being failed to have any positive act on part of the respondents with regard to regularization in service he preferred a petition for writ that came to be dismissed by learned single Bench on the count that experience certificate submitted by the appellant petitioner was not issued by the authority competent. Learned single Bench held that the Principal of the institution, who issued experience certificate was under suspension at the relevant time and, therefore, he had no authority to grant such certificate.
