Allowed

Gopal Singh Khati v. Regional Food Controller Meerut Region and Others

Allahabad HC24 Feb 2020SPLA/844/2012

Case brief

AI extract

What is this about?

The Single Bench's order dismissing the petition to regularize the appellant's services was challenged. The High Court held that the appellant was not to be regularized for incompetence but is entitled to consideration for regularization on the post for which he possesses eligibility. The appeal was allowed with a direction to the respondents to consider his candidature.

What did the court decide?

Direction to the respondents to consider the candidature of the appellant-petitioner for regularization in service on the post for which he possesses eligibility.

Gopal Singh Khati Vs Regional Food… — Pension and Retirement Benefits | Allahabad HC (2020)

¶1

Chief Justice's Court

¶2

Case :- SPECIAL APPEAL No. - 844 of 2012

¶3

Appellant :- Gopal Singh Khati Respondent :- Regional Food Controller Meerut Region And Others Counsel for Appellant :- A.B. Singhal Counsel for Respondent :- C.S.C.,Dr. Y.K.Srivastava

¶4

Hon'ble Govind Mathur,Chief Justice Hon'ble Samit Gopal,J.

¶5

This appeal is preferred to question correctness of the order dated 2nd April, 2012 passed by learned Single Bench in Writ A No. 34695 of 1993. By the judgment impugned, the learned Single Bench dismissed the petition for writ preferred by the appellant-petitioner to have a writ in nature of mandamus to regularize his services in compliance of the directions under the judgment dated 16th October, 1992 in Writ Petition No. 13111 of 1987.

¶6

Suffice to state that an appointment was accorded to the petitioner as Senior Accounts Clerk on 26th April, 1972 and was terminated on 27th April, 1987. Aggrieved by the same, he preferred a petition for writ along with certain other persons. The petition for writ came to be disposed of with a direction to regularize the petitioner's on the post, for which, they possess requisite qualification. The grievance of the petitioner is that he has not been regularized on the post of Senior Accounts Clerk as directed by the Court.

¶7

On going through the records, it reveals that the petitioner does not possess the requisite qualification i.e. of Commerce and Intermediate with accountancy. The appellant as such was lacking the qualification hence could not have been regularized on the post concerned.

¶8

In view of it, we do not find any wrong with non regularization of the petitioner's services on the post of Senior Accounts Clerk. However, the direction given by the Court was to consider the candidature of the persons working, on a post for which they were having requisite eligibility.

¶9

In view of it, the petitioner-appellant is entitled to be considered for regularization in service on the post, to which, he possesses eligibility.

¶10

The respondents as such are required to consider the

¶11

candidature of the appellant-petitioner for regularization on the post pertaining to that he possesses requisite eligibility.

¶12

The appeal is disposed off with direction to the respondents to consider candidature of the petitioner for regularization in service on the post for that he possess the eligibility.

¶13

Order Date :- 24.2.2020 M. ARIF

¶14

(Samit Gopal, J.) (Govind Mathur, C.J.)

Gopal Singh Khati v. Regional Food Controller Meerut Region and Others

Case brief

What is this about?

What did the court decide?

Gopal Singh Khati v. Regional Food Controller Meerut Region and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

surendra kumar Vs State of U.P. and 3 others

Indrajeet Puri Vs State of U.P. through Secretary Control of Pollution and Another

Mange Ram Chaudhari Vs State of U.P. and 6 Others

State of U.P. Vs the C/M Sri Dravi Nath Purva Madhyamik Vidyalaya and Another

State of U.P. and 3 Others Vs Ram Gopal Pandey

Ram Naresh Chaturvedi Vs State of U.P. and Others