- (1.) Heard the learned counsel for the petitioner and the learned Standing Counsel.
(2.) Inspite of time being granted, no counter affidavit has been filed.
(3.) The claim of the petitioner for regularization of his service has been rejected on the ground that the petitioner was in continuous service from 16th April, 1992 onwards and prior to that there had been a break in service. Regularization has been claimed under the U.P. Regularization of Daily Wages Appointments on Group 'D' Posts Rules, 2001. Rule 4 of the Rules of 2001 provides the procedure for regularization of service, which is extracted hereunder:- 4. (1) Any person who- (a) was directly appointed on daily wage basis on a Group-D post in the government service before June, 29,1991 and is continuing in service as such on the date of commencement of these rules; and (b) possessed requisite qualification prescribed for regular appointment for that post at the time of (2) such appointment on daily wage basis under the relevant service rules, shall be considered for regular appointment in permanent or temporary vacancy as may be available in Group-D post on the date of commencement of these rules on the basis of his record and suitability before any regular appointment is made in such vacancy in accordance with the relevant service rules or order.;