Court No. - 26 Case :- WRIT - A No. - 53793 of 2006 Petitioner :- Ram Khilari And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- Siddharth Khare,Ashok Khare Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioners and learned Standing Counsel.
The claim set up by the petitioners is that petitioners were working in a
project and after commencement of said project in view of the fact that other
similarly situated persons working in the said project have been absorbed in
different Department, but the claim of the petitioners has not be considered.
Petitioners have approached this Court by filing a Writ Petition No. 44447 of
2003. The writ petition was disposed of finally on 28.02.2006 directing the
respondents to consider the claim of the petitioners strictly in accordance with
law. Now, the claim of the petitioners has been rejected by the order
impugned dated 25th August 2006, mentioning therein that the Regulation of
2003 has already come to an end on 8th April 2003. Therefore, the claim for
absorption in view of the supercession of the Regulation of 2003 petitioners
cannot be considered. However, the petitioners have been given benefit that
they can apply for the post advertised by the State of U.P. which are out side
the purview of the U.P. Public Service Commission, and they will get the age
relaxation.
In such situation in my view the petitioners can make applications for
consideration of appointment in view of the aforesaid fact mentioned in the
order. Further, petitioners have brought to the notice of the Court the
Government Order dated 22nd September 2008 and 9th June 2009 regarding
absorption of various employees who were working in different project. A
specific mention is there that staff worked in projects should be
accommodated in different projects and employment in near future and
preference to that effect be given.
In view of the aforesaid fact, this writ petition can be disposed of finally
giving the petitioners an opportunity to make application in view of the
Government Order dated 22nd September 2008 and 9th June 2009 to be
considered on the basis of the working rendered by the petitioners in a
particular project earlier, and further for absorption as a retrenched employee.
If such application is made by the petitioners, the same may be considered
strictly in accordance with law without taking into consideration the order
impugned dated 25th August 2006, and a decision to that effect may be taken
by the respondents.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 25.1.2010
NS