Allahabad High Court High Court

Dwarika Tewari S/O Sri … vs The State Of U.P.Through The … on 19 January, 2010

Allahabad High Court
Dwarika Tewari S/O Sri … vs The State Of U.P.Through The … on 19 January, 2010
                                                                 Court No. 24

                    Writ Petition No.208 (SS) of 2010

Dwarika Tewari and others                       ...      Petitioners

                                   Versus

The State of U.P. and others                    ...    Opposite parties

                                -----------

Hon'ble Rajiv Sharma, J.

Heard learned counsel for the petitioners and learned
Standing Counsel.

With the consent of learned counsel for the parties, the writ
petition is being disposed of at the admission stage itself.

The submission of learned counsel for the petitioners is that
the petitioners were engaged as daily wagers on the post of Mate,
Beldar and Chowkidar on or before 1.78.1989. By virtue of his
long continuous satisfactory services, they have become entitled
for regularisation under The Uttar Pradesh Regularization of Daily
Wages Appointments on Group ‘D’ Posts Rules, 2001. The
petitioners have also sought minimum pay-scale.

Considering the facts and circumstances of the case and
without entering into the merit of the case, the writ petition is
finally disposed of with a direction to the concerned
authority/appointing authority to consider the case of the
petitioners for regularisation in accordance with the The Uttar
Pradesh Regularization of Daily Wages Appointments on Group ‘D’
Posts Rules, 2001, taking into account the petitioners’ length of
continuous services, eligibility and suitability for the post. This
exercise shall be subject to availability of post against which
regularisation could be considered. The appropriate authority
shall pass a speaking and reasoned order while disposing of the
matter relating to regularisation of the petitioners in accordance
with law. This exercise shall be completed expeditiously, say,
within a period of six months from the date of receipt of a
certified copy of this order.

19.1.2010
HM/