Satish Chandra Sharma Vs State of U.P. and 4 Others

Court No. - 6

Case :- WRIT - A No. - 7913 of 2021

Petitioner :- Satish Chandra Sharma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sandeep Kumar Counsel for Respondent :- C.S.C.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the parties.

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The present writ petition has been filed challenging the order dated 24.5.2021 whereby the request of the petitioner for regularization has been rejected taking a recourse to Section 33-G(8) of the U.P. Act No. 5 of 1982.

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The controversy raised in the present petition is squarely covered by the judgement of this Court in the case of Vijay Shayam Dwivedi vs. State of U.P. and others, [2019 (1) LBESR 653 (All)] wherein this Court has considered the import of section 33-G(8) of the said Act and had held an order similar to the one impugned in the present writ petition to be bad in law and had directed the claim of the petitioner to be reconsidered. There is no reason for not following the said judgement when it squarely governs the issue raised in the present writ petition.

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Accordingly, the writ petition is allowed. The order dated 24.5.2021 (Anexure-15 to the writ petition) is hereby quashed and the matter is remanded to the Regularization Committee to decide the claim of the petitioner afresh in accordance with law without taking any recourse of provision of Section

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33-G (8) of the Act No. 5 of 1982 and in the light of directions given by this Court in the case of Vijay Shayam Dwivedi (supra). The said exercise shall be completed expeditiously, preferably within a period of four months from the date of production of a copy of this order.

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The writ petition stands allowed in terms of the said direction.

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Copy of the order downloaded from the official website of this Court shall be treated as certified copy of this order.

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Order Date :- 6.8.2021

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Puspendra

Satish Chandra Sharma v. State of U.P. and 4 Others

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Satish Chandra Sharma v. State of U.P. and 4 Others

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