Court No. - 38 Case :- WRIT - A No. - 10501 of 1992 Petitioner :- Rajesh Chandra Kukreti & Others Respondent :- D.J. & Others Petitioner Counsel :- Ashok Khare,A.N. Tripathi, Ajay Kumar,Ajeet Kumar,K Ji Khare,Subodh Kumar,U.N. Sharma Respondent Counsel :- S.C.,Amit Sthalekar,K.R. Sirohi,Pradeep.Kumar,Sudhir Agarwal,Sumit Agarwal,Sunil Agarwal Hon'ble Shishir Kumar,J.
The application for recall of the order dated 1.7.2010 having been allowed,
the writ petition is restored to its original number.
Learned counsel for the petitioners submits that he is ready to argue the
matter, therefore, the matter may be decided on merit.
This writ petition has been filed for the following reliefs:
i) issue a writ, order or direction in the nature of certiorari quashing the
impugned order dated 21.2.1992 (Annexure-13 to the writ petition) passed by
Respondent No.1.
ii) issue a writ, order or direction in the nature of certiorari, quashing the
entire selection and the result dated 22.2.1992, being illegal and frce:
(viii) issue a writ, order or direction in the nature, which this Hon’ble Court
may deem fit and proper, for holding the condition of cut-off date as well s
the condition of completion of three years’ service on adhoc basis for
regularisation purposes, provided in Rule 4of the U.P. Regularisation of
Adhoc Appointments (On Posts outside the purview of Public Service
Commission) Rules, 1979 as amended by the Regularisation of Adhoc
Appointments ( On Posts Outside the Purview of Public Service Commission)
(Amendment) rules,as ultravires of Article 14, 16 and 39 (d) of the
Constitution of India.
iii) issue a writ order or direction in the nature of mandamus directing
respodnent no.3 the State of U.P. to amend the U.P. Regularisation ofAd-hoc
Appointments (On posts Outside the purview of the Public Service
Commission) Rules 1979 and the U.P. Regularisation of Ad hoc
Appointments (on Posts outside the Purview of the Public Service
Commission) (Amendment) Rules,1984, so as to entitle the ad-hoc employees
of the State Government of Uttar Pradesh in class III cadre in various
Departments, the benefit of regularisation, who have put in one or more than
one year of service as such.
iv) issue a writ, order or direction in the nature of mandamus directing the
respondent No.1 to regularise the services of the petitioners.
(v) issue a writ order or direction in the nature of mandamus directing the
respondents to treat the petitioners in service .
(vi) issue any other writ, order or direction which this Hon’ble Court may
deem fit and proper in the circumstances of the present case, and
(vii) award costs of this petition to the petitioner.
This writ petition has been filed in the year 1992. Admittedly, no interim
order has been granted in favour of the petitioners. Further the claim of the
petitioners is that they have worked for a period of three years, therefore,
they are entitled for regularisation.
In my opinion, the petitioners do not come in the purview of the
Regularisation Rules in view of the fact that the order impugned was passed
in the year 1992 dismissing the claim of the petitioners. An adhoc employee
has got no right to the post. Admittedly now the petitioners are not working,
therefore, this Court cannot pass any positive order directing the authority
concerned to consider his claim.
In view of the aforesaid fact, I see no justification to interfere.
The writ petition is hereby dismissed.
No order is passed as to costs.
Order Date :- 2.8.2010
V.Sri/-
Court No. – 38
Civil Misc. Recall Appln. No.183697 of 2010 in
Case :- WRIT – A No. – 10501 of 1992
Petitioner :- Rajesh Chandra Kukreti & Others
Respondent :- D.J. & Others
Petitioner Counsel :- Ashok Khare,A.N. Tripathi, Ajay Kumar,Ajeet
Kumar,K Ji Khare,Subodh Kumar,U.N. Sharma
Respondent Counsel :- S.C.,Amit Sthalekar,K.R.
Sirohi,Pradeep.Kumar,Sudhir Agarwal,Sumit Agarwal,Sunil Agarwal
Hon’ble Shishir Kumar,J.
This is an application for recall of the order dated 1.7.2010. Cause shown is
sufficient. The application is allowed. The order dated 1.7.2010 is recalled.
The writ petition be restored to its original number.
No order is passed as to costs.
Order Date :- 2.8.2010
V.Sri/-