Allahabad High Court High Court

Alok Kumar vs State Of U.P. And Others on 9 August, 2010

Allahabad High Court
Alok Kumar vs State Of U.P. And Others on 9 August, 2010
Court No. - 18

Case :- WRIT - A No. - 46668 of 2010

Petitioner :- Alok Kumar
Respondent :- State Of U.P. And Others
Petitioner Counsel :- R. B. Sahai,Amrish Sahai
Respondent Counsel :- C. S. C.

Hon'ble V.K. Shukla,J.

In the present case accepted position is that petitioner has
been appointed as clerk at D.B.S. College, Govind Nagar,
Kanpur Nagar on 16.7.2001 for fix a salary of Rs. 2000/- per
month. The certificate, which has been appended as
Annexure-2 to the writ petition clearly reflects that nature of
appointment of the petitioner was on contractual/daily wages
basis. Petitioner has tried to contend before this court that
his serviced are liable to be regularized. Nothing has been
brought on record to show and substantiate as to under
which provision of law, petitioner is claiming benefit of
regularization, as petitioner admittedly claims his
employment in Degree College, which is run and managed
as per provision of U.P. State Universities Act, 1973 and as
per first statute framed thereunder.

Once appointment of petitioner was purely contractual/daily
wages basis and there is nothing on record to show and
substantiate that any regularization rules have been framed,
then in such a situation and in this background no relief can
be accorded to the petitioner.

Consequently, present writ petition is dismissed.
Order Date :- 9.8.2010
T.S.