Petitioner sought regularization of services as Class III employee. Court disposed petition directing Registrar to examine grievance and pass appropriate order within two months per Government Order.
Direction to Registrar to examine grievance and pass appropriate order within two months.
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Court No. - 18
Case :- WRIT - A No. - 6326 of 2018
Petitioner :- Saroj Dubey Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Arvind Prabodh Dubey Counsel for Respondent :- C.S.C.,Brajesh Datta Pandey
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel. Shri B.D. Pandey appears for second and third respondent.
With the consent of learned counsel for the parties, the writ petition is being decided without calling for counter affidavit.
The petitioner is before this Court for a direction to the respondents to regularize the services of the petitioner as ClassIII employee in Deen Dayal Upadhyay Gorakhpur University, Gorakhpur.
This much is averred in the writ petition that the petitioner was initially appointed as Lab Assistant on 15.1.1993 as a daily wager. His services were renewed on 8.2.2001, 3.9.2001 and 23.11.2001 and since then she is working in the respondent University till date. The State Government has issued Government Order dated 24.2.2016 to regularize the daily wagers/ work charge or contract employees, who have been appointed prior to 31.12.2001. It has been apprised that the aforesaid Government Order has been accepted by the University and in response to the said Government Order regularization procedure has been initiated and reports were called from the Head of the Department on 20.06.2016. It is contended that in response to the said letter Head of the Department provided details on 23.6.2016 which reveals that the petitioner is continuously working since 01.01.2001 in the respondent university and she is fully eligible for the said post. A chart has also been prepared by the university in this regard, which reveals that the petitioner is working since 15.1.1993. It is alleged that the respondent university by ignoring the seniority as well as overlooking the rules, adopted pick and choose method and regularised the services of six persons on 13.12.2017, who are much junior to the petitioner. Aggrieved with the same, the petitioner along with similarly situated persons have already made detailed representation on 20.01.2018. A request has been made that claim of the petitioner is liable to be considered in the light of the aforesaid Government Order.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of asking the Registrar of the university concerned to look into the grievance of the petitioner and pass appropriate order strictly in accordance with law and taking into consideration the aforesaid Government Order. In case the claim of the petitioner is sustainable in the eyes of law and as per the aforesaid Government Order, the same would be redressed expeditiously and preferably within two months from the date of production of certified copy of this order.
Order Date :- 5.3.2018 SP/
Saroj Dubey
State Of U.P.
2nd Respondent
3rd Respondent
Mahesh Chandra Tripathi
As recorded by the court registry
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