Court No. - 38 Case :- WRIT - A No. - 40083 of 2010 Petitioner :- Ram Krishna Singh Respondent :- Kshetriya Ayurvedic Evam Unani Adhikari And Others Petitioner Counsel :- Deepak K. Jaiswal Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
Petitioner was working as a daily wager from 1994 continuously. According
to the petitioner, he is entitled to be regularized in view of the circular dated
28.07.1999. Petitioner submits that various persons have approached this
Court by filing writ petition and this Court has directed to consider their claim
and their services have already been regularized. Further reliance has been
placed by the petitioner to the order passed in Writ Petition No.70673 of
2005, on 21.12.2009.
However, these are the questions which can only be considered by the
relevant authority though the petitioner is only claiming regular appointment
on the basis of circular dated 28.07.1999, which is separate and independent
from the Regularization Rules. The respondents have not disputed the
aforesaid circular, therefore, in my opinion, respondents are under the
obligation to consider the claim of the petitioner in accordance with aforesaid
circular.
Accordingly, this writ petition is being disposed of finally with a direction to
the respondent No.3 to consider the case of the petitioner taking into
consideration the circular for the purposes of regular appointment on an
existing post, if any, in accordance with law within a period of three months
from the date of production of certified copy of the order.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 13.7.2010
NS