Writ petition for regularization to Group D post. Court did not decide merits, noting matter pending with State Government. Directed Principal Secretary to decide within three months.
Writ petition disposed of with direction to Principal Secretary (Personnel), Government of UP to take decision on regularization within three months.
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Court No. - 2
Case :- WRIT - A No. - 2265 of 2018
Petitioner :- Jagdish And 145 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raj Kumar Yadav,Sheo Ram Singh Counsel for Respondent :- C.S.C.,Om Prakash Singh,Sushil Kumar Rao
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Sheo Ram Singh for the petitioners , Standing Counsel for State and Sri Om Prakash Singh, Senior Advocate, assisted by Sri Sushil Kumar Rao for respondents - 2 and 3.
The writ petition has been filed for mandamus directing the respondents to regularize the petitioners on Group D post.
It has been stated that the petitioners are regularly working as Labour (Handleman) for loading and unloading bags in the truck under the campus of UP State Warehouse Corporation, Jaunpur respondent-3 prior to December 2001. The petitioner has moved a representation for their regularization. Board of Directors taken a decision in this matter and referred the representation of the petitioners to State Government through its letter dated 25.9.2017 for consideration of claim in respect of regularization of the petitioner.
Sri O.P. Singh, Senior Advocate appearing on behalf of respondents-2 and 3 , however contends that the petitioners were not employees of UP State Warehouse Corporation, rather they were employees of Contractor and they used to discharge loading and unloading of trucks either in the crop season or in the season when food grains are discharged from the godowns. Therefore their claim for regularization cannot be accepted.
At present, this Court is not proposed to express any opinion in
this case as the Managing Director has referred the matter for consideration of the representations of the petitioners to the State Government and matter is still pending before State Government. As such it is appropriate that State Government may consider and pass appropriate order in this respect.
The writ petition is disposed of with direction to Principal Secretary (Personnel) , Government of UP to take decision in the matter referred by the Managing Director, UP State Warehouse Corporation through its letter dated 25.9.2017, within a period of three month from the date of producing a certified copy of this order before the authority concerned.
The petitioners are given liberty to file all the necessary papers including copy of letter of Managing Director dated 25.9.2017 as well as certified copy of this order before Principal Secretary (Personnel), Government of UP within a period of two weeks from today.
Order Date :- 18.1.2018 Rahul /-
1 issue framed by the court
Whether the court should direct regularization of petitioners working as retirees/handlers on Group D post under UP State Warehouse Corporation.
Jagdish And 145 Others
State Of U.P.
Others
Ram Surat Ram (Maurya)
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
