In an PIL regarding regularization of contractual workers, the High Court directed the respondent to call a fresh report from the Nagar Palika Parishad and pass a reasoned order within three months.
Direction to call fresh report and pass reasoned order within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 40
Case :- WRIT - A No. - 18379 of 2017
Petitioner :- Virendra Kumar And Anr. Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Rafat Raza Khan Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
Heard the learned counsel for the petitioners and the learned Standing Counsel who appears on behalf of the respondents no. 1 and 2.
This Court had earlier issued notices to the respondents no. 3 and 4. The office has sent service report dated 1.7.2017 which says that neither acknowledgement nor unserved notice has been received. No Power has been filed by any counsel for respondents no. 3 and 4. Service is deemed sufficient.
It is the case of the petitioners that they were engaged on contractual/daily wages basis in the Nagar Palika Parishad Milak, District Rampur and have been working since 1996-98 as Pump Operators. The State Government issued two Government Orders on 24.2.2016 and 3.1.2017 by which it was directed that all the persons who were working as daily wages/contractual basis since 31.3.1996 and before 2001 may be considered for regularization. The said Government Orders are also applicable to the case of the petitioners as well and a report was called for by the respondent no. 2 in this regard from the respondent no. 3.
The respondent no. 3 has submitted the report on 5.6.2010 but till date case of the petitioners has not been considered.
The report dated 5.6.2010 which has been filed as Annexure-4 to the writ petition was sent before the Government Orders were issued in February 2016 and January 2017. The petitioners have made a representations to the respondent no. 2 for their case of regularization to be considered. Copies of
such representations have been filed as Annexures-9 and 10 to the writ petition.
This writ petition is disposed of with the direction to respondent no. 2 to call a fresh report from respondents no. 3 and 4 and then pass the appropriate, reasoned and speaking order thereon within a period of three months from the date of production of certified copy of this order.
Order Date :- 2.1.2019 Md Faisal
2 issues framed by the court
Whether the petitioner should be considered for regularization of their contractual/daily wages employment as Pump Operators.
Whether the request to the respondent to call a fresh report from the lower authority satisfies the requirements of the judgment.
Virendra Kumar
Anr
State Of U.P.
Sangeeta Chandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
